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37th Co,\gress, > HOUSE OF RErRESENTATIVES. ( Ex. Doc. 
2d Session. ) \ Xo- 104. 



4 



/ 

( 



INSURGENT TRIVATEERS IN FOREIGN PORTS. 



MESSAGE 

FEOM THE 



PRESIDEA^T OF THE UNITED STATES, 



IN ANSWER TO 



Resolution of the House of the 2ith of February last, in regard to insurgent 
privateers in foreign ports. 



April 28, 18G2. — Laid on the table, and ordered to be printed. 



To the House of Representatives : 

In compliance with tlie ivr'olution of the Houiie of Representatives of the 24th 
of February last, requesting information iu regard to insurgent privateers in 
foreign ports, I transmit a report from the Secretary of Stale and the documents 
by which it was accompanied. 



Washington, April 2Q, 1862. 



ABRAHAM LINCOLN. 



Department of State, 

Washington, April 26, 18G2. 

The Secretary of State, to whom was referred the resolution of the House of 
Representatives of the 24th of February last, requesting the President "to com- 
municate to the Hous©T if not incompatible with the public senMce, whether any 
foreign power has received into her ports armed ships in rebellion against the 
government of the United States, and has allowed them to deliver their prisoners 
taken from American vessels captured and burnt upon the high seas ; and has 
furnished such ships with supplies of fuel and stores, with repairs to their ma- 
chinery and increase to tlieir armament ; and whether such power, or any power, 
has refused to American national vessels a harbor iu her ports, or to supply them 
with fuel and stores, or has intercepted their ingress or egress into or from her 
ports, and all information he may have upon the subject, and all coiTespondence 
in relation thereto," has the honor to lay before the President the papers con- 
taining the information desired, a list of which is thereunto appended. 

Respectfully submitted. 

WILLIAM H. SEWARD. 

The President. 



LIST OF PAPERS 



ACCOMPANYIKG THE 



REPORT OF THE SECRETARY OF STATE 



The President, oj April 26, 1862, in relation to insurgent privateers in European 

and colonial ports. 



GREAT BRITAIN. 

Mr. Adams to Mr. Seward November 22, 1861. 

Same to same, (with two enclosm-es) November 23, 1861. 

Mr. Seward to Mr. Adams December 12, 1861. 

Mr. Wilson to Mr. Seward, (with one enclosure) November 27, 1861. 

Mr. Seward to Mr. Adams December 13, 1861. 

Same to same December 18, 1861. 

Mr. Adams to Mr. Seward, (Avith one enclosure) November 29, 1861. 

Same to same December 6, 1861 

Same to same, (with three enclosures) December 11, 1861 

Mr. Seward to Mr. Adams December 30, 1861. 

Mr. Adams to Mr. Seward, (with four enclosures) January 2, 1862. 

Same to same January 10, 1862. 

Mr. Seward to Mr. Adams January 23, 1862. 

Same to same January 31, 1862. 

Mr. Adams to Mr. Seward, (with one enclosure) January 17, 1862. 

Mr. Seward to Mr. Adams February 5, 1862. 

Mr. Adams to Mr. Seward January 24, 1862. 

Same to same, (with thirty enclosures) Jamiary 30, 1862. 

Same to same February 7, 1862. 

Mr. Seward to Mr. Adams February 20, 1862. 

Same to same February 26, 1862. 

Mr. Adams to Mr. Seward, (with three enclosures) February 20, 1862- 

Mr. Seward to Mr. Adams February 27, 1862. 

FRANCE. 

Mr. Seward to Mr. Dayton February 20, 1862. 

SPAIN. 

Mr. Perry to IMr. SeAvard January 4, 1862 

Mr. Seward to Mr. Perry January 31, 1862. 



4 LIST OF PAPERS. 

ISlr. rciTV to Mr. Seward, (with eleven enclosures) Janitary 8, 1862. 

Mr. Seward to Mr. Terry February 4, 1862. 

Mr. Perry to Mr. Seward, (witli one enclosure) January 18, 1862. 

Same to same, (with two enclosures) January 19, 1862. 

Mr. Seward to Mr. Perry Fehruary 24, 1862. 

Mr. Perry to Mr. Seward, (with two enclosures) February 1, 1862. 

Mr. Perry to Mr. Seward, (with two enclosures) February 8, 1862. 

Mr. Seward to Mr. Perry Febraary 28, 1862- 

Mr. Perry to Mr. Seward, (with five enclosures) February 16, 1862. 

Same to same, (with four enclosures) February 22, 1862. 

Mr. Seward to Mr. Perry April 3, 1862. 

BRAZIL. 

Mr. Seward to Mr. Webb, (with one enclosure) November 13, 1861. 

Mr. Webb to Mr. Seward,- (with one enclosure) November 8, 1861. 

Mr. Seward to Mr. Webb January 16, 1862. 

-Mr. Webb to Mr. Seward, (with two enclosures) December 23, 1861. 

Mr. Seward to Mr. Webb March 18, 1862. 

Mr. Webb to Mr. Seward, (Avith one enclosure) January 23, 1862. 

Same to same, (with one enclosure) February 6, 1862. 

Mr. Seward to Mr. Webb April 3, 1862.' 

Mr. Webb to Mr. Seward, (with one enclosure) February 15, 1862. 

Same to same, (with two enclosures) February 22, 1862. 

NETHERLANDS. 

Mr. Pike to Mr. Seward November 13, 1861. 

Same to same December 11, 1861. 

Mr. Seward to Mr. Pike Decembeji- 4, 1861. 

Same to same December 6, 1861. 

Mr. Pike to Mr. Seward, (with one enclosure) December 25, 1861. 

Same to same, (with one enclosure) January 1, 1862. 

Mr. Seward to Mr. Pike January 13, 1862. 

Mr. Pike to Mr. SeAvard February 5, 1862. 

Mr. Seward to Mr. Pike February 27, 1862. 



CORRESPONDENCE, 



GREAT BRITAIN. 



Mr. Adams to Mr. Seivard. 

No. 76.] Legation of the United States, 

London, Kovemher 22, 18G1. 

Sir: At about one o'clock yesterday, beino; tbe 21st of November, I received 
a telegraphic communicatiou from Captain Brittoii, the consul of tbe United 
States at Southampton, announcing the painful intelligence of the arrival at that 
port of the steamer Nashville, which had run the blockade at Charleston, and 
had brought in the captain, twenty-seven seamen, and one passenger of the 
United States merchant ship Harvey Birch, which it had forcibly seized on the 
high seas whilst on her voyage from Havre to New York, and had set on fire 
and burnt. I immediately sent a direction to Captain Britton carefully to collect 
all the facts in connexion with the affiiir, and to transmit them to me at as early 
a moment as practicable. At about five o'clock in the afternoon I received a 
visit from Captain Nelson, the master of the Harvey Birch, who had been sent 
up from Southampton to see me, and to communicate such information as he 
possessed. So important did the substance of it appear, that I requested him 
to perpetuate his testimony, in the form of a deposition regularly taken by Mr. 
Morse, the consul at London, in order that I might make it the basis of a foimal 
application to the British government for its intervention. 

So great has been the delay in preparing the paper, Avhich has not yet come 
to hand, that I find I shall not be able to mature all the necessary documents 
in season for the despatch bag which goes to Liverpool in about an hour from 
this time. I Avill, however, endeavor to get all the papers copied to go in the 
general mail to Queenstown to-morrow night. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 

Hon. William H. Seward, 

Secretary of State, WasJdngton, D. C. 



Mr. Ada7ns to Mr. Seward. 
[Extract.] 



No. 77.J Legation of the United States, 

London, Novcmhcr 23, 1861. 

Sir : I seize the opportunity of the departure of Judge Goodrich to send by 
him the papers which I had intended to commit to the general mail. These 
consist of a copy of a note of yesterday's date, addressed by me to Lord Russell, 



G IXSUEGEXT PRIVATEERS IX FOREIGN PORTS. 

on tlie subject of the outrage committed by tlie Nasliville, aud a copy of the de- 
po,<ition of Captain Nelson, wliich accompanies it. It is matter of regret that 
some vessel cannot be spared to be present on this side to deter adventurers 
from the commission of such wanton acts ; but unless it comes commanded by 
thoroughly good officer^, it were far better to be without any. At present the 
indignation among the American marine now here is general, and I doubt not 
wlien this news arrives in America it will spread far and wide over the seaboard. 
In my opinion, this is the greatest mistake the insurgents have yet committed. 
The owner of the destroyed vessel has heretofore been, as I am told, one of their 
best friends, and is himself a large slave owner in Texas, 

After consultation with Mr. Morse, I concluded to advise Captain Nelson to 
consult counsel on the expediency of taking measures to recover his property 
retained by the master of the Nashville, and thus endeavor to bring the qiiestion 
of his authority before the courts. I have reason to believe that steps are to 
be taken to-day in that direction. I presume that it Avill be necessary to assume 
Avhatever expense may be incurred in this process. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. AViLLiA.M H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Adams to Earl Russell. 



Legation of the United States, 

London, November 22, 186L 

The undersigned, envoy extraordinary and minister plenipotentiary of the 
United States, has the honor to transmit to the right honorable Earl Russell, 
her Majesty's principle secretary of state for foreign affairs, the accompanying 
])apers received from ^Mr. Freeman H. JMorse, consul of the United States at 
Loudon, respecting the wanton capture and destruction by fire of an American 
merchant vessel, the Harvey Birch, on the high seas, by the order of the 
master of an armed steamer called the Nashville, which has now sought for 
protection by putting into the port of Southampton, within the jurisdiction of 
her Majesty's realm. 

It would api)ear from the statement contained in these papers, if they be in 
accordance with fact, that the vessel which committed this aggression was not 
equipped under a commission as a ship-of-war, nor even Avith the pretence of a 
letter of marque, but that she was sent from Charleston, in South Carolina, by 
persons in armed resistance to the government of the United Stati-s, to Great 
Britain, on a special mission, and with the avowed design that she should be 
refitted in her jjorts and made a formidable vessel-of-war; and further, that the 
officers Avho came in her should be put in command of two other ships, alleged 
to be now fitting out in the jiorts of (ireat Britain for a similar purpose, to wit : 
all to be ixsed in carrjing on a war against a friendly pOAver — the United States. 

The act of Avilfully burning a private merchant ship, Avhilst pursuing its way 
quietly to its destination in its oavu country, seems in itself little to harmonize 
Avith the general sentiment among civilized and commercial nations, cA-cn Avhen it 
is committed under the authority of a recognized belligerent ; but Avhen Aoluntarily 
undertaken by individuals, not vested Avith the powers generally acknoAvledged 
to be necessary to justify aggressi\'e Avarfarc, it a})proximates too closely Avithin 
the definition of piracy to receiA^e the smallest countenance from any Christian 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 7 

people. The undersigned cannot permit himself to doubt that her Majesty's 
government, Avhicli has voluntarily renounced tlie authority to Avage private war 
at sea, would not fail to visit, with its utmost indignation, any attempt to seek 
shelter under its jurisdiction from the consequences of indulging a purely parti- 
san malice in unauthorized acts of violence on the ocean. 

The purpose of the undersigned, in presenting these papers to the considera- 
tion of Lord Russell is, to request that her Majesty's government will cause an 
inquuy to be made into the circumstances attending this extraordinary proceed- 
ing, and will adopt such measures as the case, upon investigation, may seem to 
demand. This inquiry may be solicited to the ascertainment of two classes of 
facts. The first, as to the authority possessed by this vessel to commit so ag- 
gressive an act on the citizens of a friendly power, and then to claim a refuge 
and recognition in the harbors of Great Britain. The second, in case the nature 
of that authority be deemed sufficient, at least in the view of her Majesty's gov- 
ernment, as to the purposes for which the ship is alleged to have come across the 
ocean, to wit: the making more effective preparation in the ports of Great Britain 
for carrying on a war against the people of a friendly nation. In the former 
case the question will arise whether the vessel be or be not subject to due pro- 
cess of law as a common disturber of the peace of the world ; in the second, 
whether a recognized belligerent shall or shall not be permitted with impunity 
to violate the terms of her Majesty's proclamation forbidding the fitting out 
within the ports of Great Britain of any armament intended to be used against 
a nation with which she is at peace. 

The undersigned is compelled, with gTeat reluctance, to call the attention of 
Lord Russell to the fact that, for a period of many months, large steamers have 
been built, equipped, and despatched from her Majesty's ports by persons ill- 
disposed to the government of the United States, Avith the intent to supply to 
those who are in arms to overthroAv it with further materials to attain their 
object. On the 15th of August last the undersigned had the honor to address a 
note to his lordship, pointing out the case of the steamer Bermuda, laden Avith a 
great amount of contraband of war, then about to depart from a port of Great 
Britain. That steamer is knoAvn, subsequently, to have made its Avay into the 
harbor of Savannah, in the State of Georgia, a port held by the insurgents 
against the government of the United States. To that application the under- 
signed had the honor to receive for ansAver from his lordship that there was no 
evidence in the hands of her Majesty's government sufficient to establish the 
intent of a Avrongful voyage, and therefore that the parties who might after- 
wards engage in it only depriA^ed themselves of all protection from the con- 
sequences to them that might attend its ultimate prosecution. Not insensible to 
the force of this reasoning iipon a technical construction of the terms of her 
Majesty's proclamation, and the statute to Avhich it referred, the undersigned 
has desisted from making further representations in scA-eral subsequent cases of 
a similar kind Avhich have heretofore come within his knoAA^edge, and are even 
now under his obserA^ation. Neither is it at all Avithin his present purpose to 
enter into any complaint of her Majesty's goAernment for this course. Much 
regret as he entertains at the annoyance and consequent irritation naturally ex- 
cited among the citizens of his country by the obserA'ation of Avhat may be 
made to appear to be hostile acts, though imdoubtgdly not so intended, he is 
too well aAvare of the difficulties inherent in the operations of every free gOA^ern- 
ment not to be ready to make large alloAvance for the skill Avhich evil-disposed 
persons may use to e\'ade the provisions of the most stringent Lxav. But the 
case now presented is one of a kind somcAvhat different from all the preceding 
ones. It seems to involve the necessity on the part of her Majesty's govern- 
ment either of recognizing a belligerent, or of denouncing a Avrong-doer. And, 
in the acceptance of the former alternative, it presents to their notice a respon- 
sible party as the directing force to proceeding which can haA'e no assignable 



8 INSURGENT PEIVATEEES IN FOEEIGN POETS, 

motive other than that of prosecuting, under the protection they afford, the 
lioptilities* ah'eady luiequivocally commenced against tlie citizens of a poAver 
long in friendly relations with them. If it should be the result of the investi- 
gation solicited to prove any or all of these allegations, the undersigned has not 
the disposition to entertain a single doubt of the desu-e of her Majesty's govei-n- 
meut to meet every expectation that can reasonably be foi-med of their ultimate 
determination. 

In conclusion, the imdersigned may be permitted to i*emark, that the request 
he has made on behalf of his government is no more than that government has 
heretofore shown itself willing in similar cases to grant. When her Majesty's 
minister at Washington called upon the authorities of the United States, in the 
year 1855, to institute an investigation into certain proceedings in the equip- 
ment of the bark JMaury in the harbor of New York, suspected to be intended 
as a privateer during the war that was then going on, they lost no time in insti- 
tuting a thorough examination of the vessel and all the attending circumstances, 
which ended in establishing to the satisfaction of all persons, including her 
Majesty's officers, though not without great loss and damage to the innocent 
owners, that no such violation of the laws of neutrality had been intended. 

Earnestly desirous of preserving intact the friendly relations which have con- 
tiimed to prevail for so long a time between the two countries, it is due to her 
]\Iajesty's government that the undersigned should apprise Lord Russell that the 
present application is necessarily made without instructions from his government, 
and therefore remains subject to their confirmation. 

The undersigned desires to renew to Earl Russell the assurances of the high- 
est consideration with which lie has the honor to be his lordship's most obedient 
servant. 

CHARLES FRANCIS ADAMS. 

Right Honorable Earl Russell, ^v., Sfc, S^v. 



Deposition of Captain Nelson. 



I, William Henry Nelson, of the city of New York, in the United States of 
America, master mariner, do solemnly, sincerely, and truly swear that I sailed 
from the said city of New York on the 20th day of September last, as master of 
and in the ship Harvey Birch, of New York, a ship owned and registered in 
New York in conformity with the laws of the United States, bound for the port 
of Havre de Grace, in France, with a cargo consisting of wheat. About the 
ninth day of October I arrived at Havre, and having discharged the cargo of my 
ship and ballasted her, I sailed in her again for the port of New York on the 
16th day of November, first having received the register, crew list, articles, and 
all papers belonging to the ship, in proper form, from the United States consul 
there. On the morning of Tuesday, the 19th instant, the ship then being in 
about latitude 49° 06' N., longitude 9° b%' W., a steamer Avas made out, bearing 
for the Harvey Birch, whicli, on getting nearer, was found to be an armed 
vessel and hoisted at the peak the flag of the so-called Confederate States, and 
A\-hcn within hailing distance a person on board, who I learned was the captain, 
hailed my ship, saying "Haiil down your colors and heave the ship to" — the 
ensign of the United States being at this time flying at the peak of my vessel; 
this order was complied with, and I then received the order "Lower your boat 
and come on board," which I also complied with, taking my ship's papers with 
me. After an-iving on board the steamer I was introduced by the first lieutenant, 
by name Fontleroy, to Captain Pegram, as commander of the Confederate States 
steamer Nashville, to whom I produced all the papers of my ship for examina- 
tion, to show that I was engaged in legal trade. Captain Pegram took the ship's 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 9 

papor>; — lio did not return thorn, and still holds them — and then told me that he 
should hold me a ])risoner of war, by authority of the Confederate States. He 
then told me I miji;ht go on board my f*hij), and I was ordered to send my crew on 
board tlie steamer as quickly as possible. I r(>turned to my shi[), and at once 
made preparations to leaA-e her, but orders were repeatedly gi\'en from the steamer 
to hurry up, and sufficient time was not given to enable either myself or my 
crew to get our etfccts out of the ship. 

The second lieutenant with other officers came on board the ship and took 
charge of her, and orders were given to seize fresh stores, &c., and in consequence 
thereof all the fresh meat, poultry, pigs, eggs, and butter, Avere tak(Mi out and 
put on board the steamer, and especially it was ordered that all the oil, tea, coffee, 
and sugar should be put on board the steamer, which was done. When all this 
had been accomplished, the crew left the ship by order of the second lieutenant^ 
I being last on board, leaving the second lieutenant and his boat's crcAv in charge 
of the ship. After arriving on board the steamer we saw that the Harvey 
Birch was in flam(>s, and the second lieutenant returned on board the steamer 
Avith his boat, which was secured, but the ship's quarter boats, Avhich had been 
used in communicating, were cast adrift. Captain Pegram now said, " Now, as 
it is all over, we Avill give her a gun," or words to that effect, and a gun was 
discharged at the ship, but without apparently hitting her. The steamer then 
was put on an easterly course, the crew of the ship having previously been put 
in irons. I, with my officers, Avas summoned to the captain's cabin, and there 
signed, at the request of the captain, a document stating that aa^c Avould not take 
up arms against them Avhile in their custody, he haA'ing said that I and my offi- 
cers should have our liberty on board Avhen Ave had signed it. I AA^as frequently 
told that an oath Avould be exacted of us, "not to take up arms against the Con- 
federate States," before I could be liberated, but I was liberated AA'ithout any 
such being taken. 

The steamer steamed up the English channel, and arrived at Southampton 
at about 8 a. m. on the 2 1st instant, and came to anchor in the river. Captain 
Pegram then told me that I and my crcAV Avere at liberty, and might go ashore, 
but he refused to put us ashore, and I therefore employed a steam-tug at my 
own expense, and landed my crcAV in Southampton docks betAveen 9 and 10 
a. m., and they Avere taken charge of by the United States consul there. Re- 
peatedly, Avhilc on board the steamer, in conversation Avitli the officers, I Avas 
told that she Avas not fitted out as a vessel-of-Avar ; that she Avas on a special 
mission to England, but naA^al officers were in command of her. I Avas told by 
one of the creAv that the crcAv originally signed articles at Charleston, South 
Carolina, to go to Liverpool, but that before sailing the officers Avere all changed, 
and ncAv articles Avere brought on board, AA'hich the crcAv Avere compelled to sign 
by threats of force. I AA^as also informed that the crew Avas composed of English 
and Irish ; and Colonel Peyton, a person Avho came from Charleston in her, 
infomied me that her officers were coming here to alter the vessel, and to have 
her couA'orted into a man-of-Avar, and to take command of two other vessels noAv 
fitting out in Great Britain as men-of-Avar. 

The chronometer and barometer belonging to the Hai-vey Birch Avere taken 
by Captain Pegram, avIio refuses to deliver them up. The Harvey Birch was 
a ship six years old, and of fourteen hundred and eighty-two tons register. 
Before avc lost sight of the ship her masts had gone OA'er the side, and her hull 
Avas burnt to the Avater's edge. 

W. H. NELSON. 

SAvorn before me, in the consulate of the United States at London, this 22d 
day of XoA^ember, 1861. 

^'' ■■' Consul of the United States of America, London. 



10 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. Sewcarl to Mr. Adams. 

No. 141.] ■ WashingtoxN, Decenibcr 12, 1861. 

Sm : Your dcspatcli of November 23 (No. 77) lias been received and gnb- 
mitted to the President. I am instructed l;)y him to approve of" all } our pro- 
ceedings, as thus reported, in reference to the shelter and protection afforded to 
the Nashville, a privateer steamer, which entered the poi't of Southampton im- 
mediately after she had captured and destroyed the Harvey Birch, belonging 
to the mercantile marine of this country. 

Upon carefidly reading your despatch, I found no occasion for suggesting any 
new arguments in support of your position, as I am pleased to say there is none 
for urging your zealous and persistent prosecution of the subject. 

Previous connnunications from us to the British government sufficiently show 
that the harboring in British ports of pirates engaged in depredating upon our 
commerce cannot go on withoiit involving the necessity of revising our whole 
system of commercial relations with the British government. 

We consent, however, to hope that this new and flagrant occurrence has 
arrested the serious attention of her Majesty's government, and that it Avill 
result in bringing about some resolution of the whole subject consistent with the 
just expectations of the United States so often already expressed. 

The Navy Department will not neglect the interests of our commerce in this 
new and distinct experience, whatever may be the difficulty or the cost. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARU. 

Charles Framcis Adams, Esq., ^r., S^v., S^v. 



Mr. Wilson to Mr. Seward. 



Legation of the United States, 

London, November 27, 1861. 

Sir : I am directed by Mr. Adams to transmit the enclosed copy of the reply 
of Earl Russell to his connnunication to him of the 22d instant, concerning the 
rebel steamer Nashville, and to' state that nothing further upon the subject has 
as yet been received from the foreign office. 

I have the honor to be, sir, respectfully, your obedient servant, 

CHARLES L. WILSON, 

Secretary of Legation. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Lord Russell to Mr. Adams. 



Foreign Office, November 23, 1861. 

Lord Russell presents his compliments to Mr. Adams, and begs leave to ac- 
Cjuaint him that his letter and the enclosure shall receive the immediate attention 
of her Majesty's government. 

Lord Russell has already given directions that no infringement of tlu; foreign 
enlistment act shall be permitted in regard to the Nashville. 



INSURGENT PRIVATEERS IN FOREIGN PORTS 11 



Mr. Seward to Mr. Adams. 

No. 145.] Department of State, 

Waahington, Deccmhcr 13, 1861. 

Sir: I confine myself to a tfiniple acknowlcdo-ment of tlie arrival of your de- 
spatch of November 22, No. 76, inasmuch as I have ah-eady expressed in an- 
other paper my views of the case of the ship Harvey Birch, captured and de- 
stroyed by the piratical steamer Nashville, which afterwards took shelter in 
Southampton. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., h^:., ^., h^-c. 



Mr. Seward to Mr. Adams. 



No. 147.] Department of State, 

Washington, Deccmhcr 18, 1861. 

Sir: I acknowledge the receipt of Mr. Wilson's note of November 27, not 
marked as a despatch, relating to the case of the Nashville, and accornpanied by 
a copy of a note upon this subject addressed to you by Earl Russell. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., &fc., Sfc, &fc. 



Mr. Adams to Mr. Seicard. 



No. 79.] Legation of the United States, 

London, November 29, 1861. 

Sir: On the very same day that I sent to Lord Russell my note of the 22d 
of this month, a copy of which was transmitted with my despatch, No. 77, to 
the department, I received a brief informal reply, a copy of which I directed 
my secretary, Mr. Wilson, to forward out, of course, by the steamer -which went 
in the middle of the week. Last evening I received the more formal answer, a 
copy of Avhich will accompany this. I regret that it is not more satisfactory in 
some respects, as it seems to me that her Majesty's government had an oppor- 
tunity of doing much, by the appearance of a little activity, to calm the excite- 
ment occasioned by the wanton act of an unauthorized vessel; for I cannot but 
think the evidence adduced of so-called nationality is quite insufficient. It is 
not to be denied, however, that the current of English law would warrant the 
capture of the Harvey Birch, even by private individuals among the rebels, 
though the benefit of the prize, whatever it might be, could not inure in that 
case to the captors. The same rule would justify a taking of the Nashville 
itself by any vessel privately fitted out by Americans, subject to the same ex- 
ception. I have received several earnest applications from resolute parties to 
authorize some such undertaking, but it has seemed to me that every considera- 
tion of prudence as well as consistency dictated a complete abnegation, on my 
part, of every proceeding of the sort. Indeed, I could scared}- call on her 
^lajesty's government to interfere, even so far as it has consented to do, in stop- 
ping the outfit of the Nashville, if I were on my side at the same time engaged 



12 INSURGENT PEIVATEEES IN FOREIGN PORTS. 

ill preparing iu the ports ©f Great Britain a counter-armament to make prize of 
her. In my despatch No. 77 I endeavored to give some account of the course 
of proceeding adopted by Captain Nelson, under advice of learned counsel, 
with the design to carry to the courts for adjudication the question of the true 
character of the Nashville. It Avould seem that he has been batHed ; first, by 
the refusal of the authorities of Southampton to issue a writ without direction 
from the foreign office; and, secondly, by the disavowal by the foreign office of 
any power to direct such a proceeding. In the meantime the excitement caused 
by the late news of the seizure of Messrs. Mason and Slidell is so great as to 
swallow up every other topic for the moment. It may then be the part of pni- 
dence to let the old topic lie iu abeyance until the heats stirred by the new one 
shall subside. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, JVaskingto?i, D. C. 



Lord Russell to Mr. Adatns. 



Foreign Office, November 28, 1801. 

The undersigned, her Majesty's principal secretary of state for foreign affairs, 
has the honor to inform Mr. Adams, envoy extraordinary and minister plenipo- 
tentiary of the United States at this court, that his note of the 22d instant has 
been the subject of careful and anxious consideration by her Majesty's govern- 
ment. 

Mr. Adams, after reciting the capture and destruction by fire of the United 
States merchant ship on the high seas, by -order of the commander of the 
armed steamer called the Nashville, and the subsequent arrival of the 
Nashville in the port of Southampton, asks for an inquiry as to two classes 
of facts. The first, " as to the authority possessed by this vessel to commit so 
aggressive an act on the citizens of a friendly power, and then to claim a refuge 
iu the harbor of Great Britain." The second, " in case the nature of that 
authority be deemed sufficient, at least in the view of her Majesty's govern- 
ment, as to the purposes for which the ship is alleged to have come across the 
ocean, to wit : the making more effective preparations in the ports of Great 
Britain for carrying on a war against the people of a friendly nation." 

Her Majesty's government have directed their inquiries to both these points, 
and also to the state of the law as applicable to the facts thus by them ascer- 
tained. With regard to the first point, the undersigned has to state that the 
Nashville appears to be a Confederate vessel-of-war ; her commander and 
officers have commissions in the so-styled Confederate navy; some of them 
have written orders from the navy depai-tmcnt at Richmond to report to Lieu- 
tenant Pcgrani " for duty " on board the Nashville, and her crew have signed 
articles to ship in tlie Confederate navy. 

In these circumstances, the act done by the Nashville, of capturing and 
burning, on the high seas, a merchant vessel of the United States, cannot be 
considered as an act " voluntarily undertaken by individuals not vested with 
powers generally acknowledged to be necessary to justify aggressive warfare," 
uor does it at all approximate within the "definition of piracy." 

Such being the answer of her Majesty's government on the first point raised 
by Mr, Adams, the undersigned passes to the second. The iindersigned stated 
to Mr. Adams, in his informal note of the 23d instant, that he had already 
given directions that no infringement of the foreign enlistment act should be 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 13 

permittocl in regard to the Nashville. In fact, directions had already been 
given to prevent the Nashville from angnienting her warlike force Avithin 
her IMajosty's jurisdiction, in contravention of the foreign enlistment act. 

With respect to the allegation made by Mr. Adams that some of the officers 
of the Nashville are to be piit in command of vessels now fitting out in 
British ports for purposes hostile to the government of the United States, the 
undersigned can only say that if reasonable evidence can be procured to that 
effect, all parties concerned, who shall be acting in contravention of the foreign 
enlistment act, shall be legally proceeded against, with a vicAv to the punishment 
of the persons and the forfeiture of the vessels. 

Having thus answered Mr. Adams upon the two points to which his attention 
was called, the undersigned has only further to say that if, in order to maintain 
inviolate the neutral character which her Majesty has assumed, her Majesty's 
government should find it necessary to adopt further measures, within the limits 
of public law, her Majesty will be advised to adopt such measures. 

It is the earnest desire of her Majesty to preserve the friendly relations be- 
tween her Majesty and the United States of America. 

The undersigned requests Mr. Adams to accept the assurance of his highest 
consideration. 

RUSSELL. 

Charles Francis Adams, Esq., Sfc., ^v., Sfc. 



Mr. Adams to Mr. Seward. 



[Extract.] 

No. 84.] Legation of the United States, 

London, December G, 1861. 

The Nashville is now in dock undergoing repair, and I learn that she will 
go out towards the last of the month, bent on mischief. They will try to in- 
crease her armament, and the sympathy of the people is now so great as 
to favor their success in a clandestine manner, but if I can get the requisite 
evidence I have no doubt that Lord Eussell would exert himself to procure her 
condemnation. He voluntarily suggested to me the adoption of a course which 
some years since ended in the- seizure of several vessels designed to go to the 
insurgents in Sicily. I did not then pursue it, for reasons which exist no longer. 
Captain Nelson has fiiled in his efforts to get his case before the courts. He 
has just been here to tell me so. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Adams to Mr. Seicard. 



No. 86.] Legation of the United States, 

London, December 11, 1861. 

Sir : I have the honor to enclose herewith a copy of a brief note from Earl 
Russell, dated the 8th instant, together with copies of the two enclosures which 
accompanied it from the custom-house, at London, containing reports of the re- 
pairs now being made on the steamship Nashville at Southampton. 



14 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

This is tlie latest information I liave received from lier Majesty's government 
respecting this vessel. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Earl Russel to Mr. Adayns. 



Foreign Office, December S, 1861. 

Earl Russell presents his compliments to Mr. Adams, and has the honor to 
send him copies of letters received from the home department, in reference to 
the Nashville. 



Mr. Gardner to Mr. Waddington. 

Custom-House, December 6, 1861. 

Sir : I am directed to acquaint you, for the information of Secretary Sir G. 
Grey, with reference to my letter of yesterday's date, that the officers of this 
revenue at Southampton have reported to the board that the steamship Nash- 
ville has not hitherto undergone any further repairs than caulking aloft. 

The vessel was yesterday taken into dry dock, in order to ascertain the 
amount of damage sustained by her keel in coming out of Charleston harbor, 
and the officers have been informed by the ship-builder who has undertaken to 
perform whatever repairs may be necessary, and who, they state, may be fully 
relied on, that beyond restoring the keel and replacing the paddles, which are 
off the wheels, and also placing some beams athwart to strengthen her, no 
alterations or fitting are likely to take place. 
I am, &c., 

F. G. GARDNER. 

H. Waddington, Esq., &fc., Sfc, Sfc. 



Mr. Gardner to Mr. Waddington. 

CUSTOM-HOUSB, 
LdOndon, December 5, 1861. 
Sir : I am directed by the commissioners of her Majesty's customs to 
acknowledge; the receipt of your letter of the 4th instant, signifying the request 
of Secretary Sir G. Grey to be informed what steps they took in regard to the 
steamer Nashville, and Avhether anything has come to their knowledge since 
the date of Mr. Clive's letter of the 23d ultimo to justify interference on their 
part. And I am to acquaint you that on receipt of Mr. Olive's letter tlie board 
transmitted to the collector at Southampton a copy of the letter, and Avith 
reference to the act 59, Geo. 3d, ch. 69 ; and her Majesty's order in council of 
the 13th May last directed him forthwith to report any alterations or fittings of 
a hostile nature which might take place on. board. And the board have this 
day been informed by their collector " that the Nashville has just now been 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 15 

placed in dry dock, not repaired at present beyond caulking aloft. This after- 
noon will decide what future repairs she requires." 

The collector proposes to report further particulars, and upon receipt thereof 
the board Mill acquaint you therewith. 
I am, &c., 

F. G. GARDNER. 
H. Waddington, Sjv., ^v., ^v. 



Mr. Seward to Mr. Adams. 



No. 154.] Department of State, 

Washi7igton, Decemher 30, 1861. 

Sir : Your despatch of December 11 (No. 86) has been received. It relates 
to the repairs of the Nashville. 

It is g-ratifying to know that the British government have bestowed so much 
attention iipon the subject of the repairs of the Nashville. 

I forbear, however, at the present moment, from reasons which you will un- 
derstand, from special remark upon the general subject. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., t^-c, ^c, ^r. 



Mr. Adams to Mr. Seward. 
[Extract.] 



No. 97.] Legation of the United States, 

Londoji, January 2, 1862. 

Sir : I have to acknowledge the reception last evening of despatches numbered 
from 141 to 146, both inclusive. 

Under the continued suspense as to the issue of the difficulty respecting the 
Trent, I know not that there is much necessity for adverting to topics of minor 
importance. I shall, therefore, content myself with transmitting copies of the 
further correspondence that has taken place between Lord Russell and myself 
on the subject of the Nashville. I have reason to believe that the supervision 
of the outfit of that vessel on the part of the government has been faithful and 
thorough. ******** 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Lord Russell to Mr. Adams. 



Foreign Office, Decemher 27, 1861. 

Lord Russell presents his compliments to Mr. Adams, and has the honor to 
transmit to him herewith a copy of a letter addressed by the superintendent of 
packets at Southampton to the secretary of the admiralty, respecting the nature 



16 INSURGENT PRIVATEERS IN FOREIGN PORTS, 

of the repairs wliicli have been executed in that port on board tlio steamer 
Xashvillc. 

Lord Russell requests Mr. Adams to accept the assurance of his liigh consid- 
eration. 



Captain Patcy to the Secretary of the Admiralty. 

No. 162.] Southampton, Dccanher 23, 1861. 

Sir : In answer to your letter of the 21st instant, (16,) directing me to visit 
the Confederate steamer Nashville, and report Avhat is taking })lace on board 
that vessel, I have the honor to acquaint you, for the information of the lords 
commissioners of the admiralty, that I have this day visited the ship in ques- 
tion, which is in the dry dock, though E have personally and daily heretofore 
taken notice of what has passed in regard to the Nashville, and am therefore 
in a position to report that no repairs have taken place but what was found ab- 
solutely necessary for making good a few trifling defects she sustained in her 
passage to this country, such as replacing boarding, gratings, and water-closets, 
washed away in a heavy sea from the port sponsoon and ]iaddle-box. A few 
sheets of copper have also been replaced, to make good rubs which the ship's 
bottom met with by touching the ground in crossing the bar at Charleston. 
Some caulking has likewise been done in parts that were found to be leaking, 
consequent upon the heavy weather which the ship encountered in crossing the 
Atlantic. 

I beg to add that the Nashville has not in any way equipped herself more 
completely as a vessel-of-war since her arrival at Southampton. She is at pres- 
ent detained in dry dock in consequence of another ship being in the same dock 
with the planking off her bottom. 

I deem it right to state that Captain Pegram, of the Nashville, has from 
the first most willingly evinced a disposition that not anything should be under- 
taken without first acquainting me. 
I am, &c., 

C. J. E. PATEY, 
Cai>tain, Superintendent oj" Packet Service. 

The Secretary of the Admiralty. 



Mr. Adams to Lord Russell. 



Legation of the LTnited States, 

London, December 28, 1861. 

Mr. Adams, the minister of the United States, presents his compliments to 
Lord Russell, and has the honor to acknowledge the reception, on two several 
occasions, of copies of letters addressed by the superintendent of packets to the 
admiralty, respecting the nature of the repairs which have been executed in the 
port of Southampton f)n board the steamer Nashville. It is a sourc(> <if grati- 
fication to him to observe the continued supervision exercised by her 3lajesty's 
government over the outfit of that vessel. 

Mr. Adams seizes the opportunity thus afforded him to submit to the considera- 
tion of Lord Russell the copy of another depoi^itictn taken before Mr. Frei^nan H. 
Morse, the consul of the United States in London, of one of the crcAv of the 
Nashville, on her late vovage. If the statement therein made be in accord- 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 17 

ancc with fact, then it woiikl appear that the representation given by the master 
of that vessel to the governor of Beriniida of the character of liis voyage, npon 
which alone he sncceeded in obtaining from him snpplies of coal, is in conHict 
with the construction given to it by her Majesty's government on the vessel's 
arrival licre, and much more nearly approximates the view of the case first taken 
by Mr. Adams. 

The verification of this fact, or otlierwise, is fortunately in the power of her 
Majesty's government, by reference to the governor of Bermuda ; although, if 
found to be true, it might arrive too late to be of service in the present instance. 
Mr. Adams ventures to indulge the hope that this example may serve as an in- 
ducement to the application of a more favorable rule hereafter for the prevention 
of abuses Tuider the shelter of so-called belligerent rights. 

Mr. Adams begs Lord Russell to accept the assurance of his highest con- 
sideration. 

Right Hon. Earl RusSKLL, (^r., <^r., l^v. 



Lord Russell to Mr. Adams. 



FoREiGX Office, Janvary 1, 1862. 

Lord Russell presents his compliments to Mr. Adams, and has the honor to 
inform him, in reply to his note of the 28th ultimo, that he will immediately 
communicate with the duke of Newcastle, with the view of obtaining from the 
governor of Bermuda a correct account of the representation made to him by the 
commander of the Nashville. 

Lord Russell requests Mr. Adams to accept the assurance of his highest con- 
i-ideration. 



Mr. Adams to Mr. Seicard. 
[Extract.] 



No. 99.] Legatiox of the Umted States, 

London, Jamiary 10, 1862. 
giR . * * * * * * * 

Just on the eve of the departure of last Saturday's steamer I received, by 
telegram from the consul at Cadiz, notice of the arrival at that port of the Sum- 
ter, with the news that she had destroyed three vessels on her way from Rio 
Janeiro. I sent it on forthwith, by telegraph, to the collector of New York. I 
am told that the plan has been, in contemplation of a war between Great Britain 
and the L^nited States, to start five steamers at once out of the ports of Europe, 
to M'it : the Nashville, the Bermuda, the Sumter, the Pacific, and one more, with 
the view of preying on our commerce, and of jointly resisting the attack of any 
one or more of our vessels-of-Avar that might come over to protect it. The not 
happening of the war has probably disturbed the arrangement to some extent. 
The outfits cannot be so easily made as was anticipated. In the meanwhile the 
Tuscarora has arrived at Southampton. The Nashville is not yet out of dock, 
but she is on the point of departure. The Bermuda is iinderstood to have 
left Havre nominally for Liverpool, but for what real destination I do not yet 
leani. Under these circumstances, it is somewhat doubtful whether much coufi- 
H. Ex. Doc. 104 2 



18 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

dcncc has been gained by tlic acqiiii^ition of one steamer. I have not yet heard 
directly frouT her commander. 

I have the honor to be, !<ir, vour obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. AVh-lia.m H. Seward, 

Secretary oj" State, Washington, D. C. 



Mr. Seward to Mr. Adams. 



No. 1G8.] Department of State, 

Washington, January 23, 1862. 

ftrrj •# # # # # # 4^ 

We arc embarrassed by tlie attitude of the British government in regard to the 
entertainment it gives in its ports to pirates engaged, without advantage to any 
loyal or humane interest in the Avorld, in destroying our national commerce — a 
commerce only less important to Great Britain than it is to the American people. 
The President cannot but regard this misfortune as a consequence of precipitancy 
on the part of the British government "vvhich might Avell have been avoided. 

I wait, however, before giving you new instructions upon the subject, for the 
advices which are expected to indicate, if not determine, the future course of the 
British government in regard to our domestic affairs. 

******** 

1 am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Aua.'vis, Esq., S^v., $^x., S^r. 



^Ir. Seward to Mr. Adams. 



No. 172.] Department of State, 

Washington, January 31, 1862. 

Sir : I learn from reports received at the Navy Department from the com- 
mander of the American steamer Flambeau, that although the United States 
have a deposit of coal at Nassau, our steamers are denied the right of taking it 
for use by the colonial authorities at that place. 

I do not send you a formal statement of the foct, becaixse although it is pre- 
sumed that those authorities have not acted under instructions from London, yet 
that they nevertheless must themselves have reported their proceedings to the 
home government. Justified, as I think, by this circumstance, in assimiing that 
the fact which I thus bring to your attention is already known to Earl Russell, 
I have to request you to ask from him an explanation of the proceeding, and 
to inquire whether we arc to understand that the colonial ports are to be closed 
against our vessels-of-war when entering them for coal, and are to be denied 
even the right of supplying themselves from stores of our own lying in such 
ports. Liberal as we are in all o\u- intercourse with the British govcrnm(>nt in 
American Avaters, the President declines to believe that that government has 
sanctioned or will sanction the proceedings of the authorities at Nassau. Should 
you find this to be the fact, you will suggest to Earl Russell our desire that 
proper instructions may be given to the authorities there. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 19 

Mr. Adams to Mr. Seward. 

[Extract.] 

No. 103.] Legation of the United States, 

London, January Yi, 1862. 

Sir : Tlie arrival of the Tuscarora at Soutliampton has had the effect of ma- 
terially cliaiig-iiig the purposes of the Confederate emissaries, at the same time 
that it has created great uneasiness on the part of the government, from the fear 
of some violation of neutrality and a conflict within British jurisdiction. 

I received a note from Lord Russell on the subject, a copy of which I trans- 
mit herewith. In consc(|uence of it, I immediately wrote letters to Captain 
Craven, as well as to Captain Britton, the consul at Southampton, enjoining it 
upon both of them to see that no just cause of complaint be given, to which I 
have every reason to believe they will pay every attention. In the mean-while 
the Nashville is fearful of attempting to go out in the face of so formidable an 
opponent. There is reason to believe that so many of her crew have deserted 
as to make her departure in her present character very doubtful. Rumors have 
been currently circulated at Southampton that she has been sold, and is to be 
put under British colors as a merchantman. This is doubtless one of the devices 
for escape which have been under consideration. 

The difficulty in the way probably is, that the means have not yet been found 
of evading the requisitions of the British law of assignment of vessels, which are 
all based upon a transfer, honajidc, from legitimate owners to real purchasers. 
But so great must be the expense of keeping her in her present state of confine- 
ment, and so little is she really fit for the service in which she has been enlisted, 
that it would not surprise me at all if some bonajide operation of the kind were 
idtimately effected. 

I have received a despatch from Mr. Perry, at Madrid, Avhich says that the 
Sumter, haviug been found to be badly injured, is at present in dock at Cadiz, 
undergoing repairs. 

I have the honor to be, sir, yoiir obedient servant, 

CHARLES FRANCIS ADAMS 

Hon. William H. Seward, 

Secretary oj" State, Washingto7i, D. C. 



Lord R?isscll to Mr. Adams. 



Foreign Office, January 10, 1862. 

Sir : I have just been infoiTned that armed men were found last night watch- 
ing the Nashville in Southampton docks, and that they Avere discovered by Mr. 
Hodge, the dock superintendent, close at the Nashville's bows. 

I think it necessary to state to you that, except in case of stress of weather, 
forcing them to land, her Majesty's government cannot permit armed men in the 
serA-ice of a foreign government to land upon British ground. 

I therefore request that you will inform the captain of the fedei'al steamer in 
Southampton Avaters that he must refrain from acts of this kind, Avhich may lead 
to a collision betAveen his men and the British authorities. 

I haA'e also to infonii yoii that no act of hostility can be pennitted between 
the federal steamer and its enemy Avithin British Avaters, and that orders to that 
effect Avill be issued to the board of admiralty. 

In the case of the Nashville leaAang British Avaters the federal steamer-of-Avar 



20 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

will not be permitted to start from British waters iu pursuit of lier till after the 
expiration of twenty-fonr hours. 

The same rule will be applii'd to the vessels of the so-called Confederate States. 
I have to request you to accept the assurances of my highest consideration, 
<ind remain 

Your obedient servant, 

RUSSELL. 
Charles Francis Adams, Esq., S)T., S^v., S^v. 



Mr. Seioard to Mr. Adams. 
[Extract.] 

No. 179.] Dp:partmei\t of State, 

Washingtoyi, Fehruary 5, 1862. 

Sir: Your despatch of January 17, No. 103, fell upon tue department as 
only a small part of the largest foreign mail ever received here, and only after 
such delays as left insufficient time to dispose of the same before the departure 
of the out-going steamer. 

I approve entirely of your proceeding in regard to the Nashville, while I hail 
the solicitude of the British government for the preservation of peace in the 
British waters as a fovorable indication. 

I have given to the Navy Department the information received from you con- 
cerning the probable attempt to transfer the Nashville to British owners. 

I have given to Mr. Perry substantially the same ideas Avhich I have ex- 
pressed to yourself in regard to the uselessness to European maritime powers of 
a policy, on their part, Avhich invites only insurgent pii-ates and repels loyal 
American commerce from their ports. It is easy to see that this is the effect of 

a premature recognition of the insurrection as entitled to belligerent rights. 

* * * * * ### 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., Sfc, S^v., ^v. 



Mr. Adams to Mr. Seward. 
[Extract.] 



No. 105.J Legation of the United States, 

Liondon, January 24, 1862. 

gjp .#******** 

In the meanwhile the relative position of the Nashville and of the Tuscarora 
in the harbor of Southampton remains unchanged. On the other hand, the 
Sumter, having been Avarned to leave Cadiz, has put into Gibraltar, after cap- 
turing two vessels. This tendency to take refuge iu British ports is becoming 
.so annoying to the goA-ernment here, that I shall not be surprised if the limit of 
tAventy-four hours' stay be soon adopted. 

I have the honor to be, sir, your obedient serA'ant. 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washingtmi, £>. C. 



INSURGENT PRIVATEEKS IN FOREIGN FORTS. 21 



3Ir. Adams to Mr. Seivard. 

No. lOS.] Legation of the United States, 

London, January 30, 1862. 

Sir : I transmit herewith copies of a correspondence between Captain Patey, 
senior officer at Southampton, and Commander Craven, of the Tuscarora, which 
were furnished to me by the hitter, as a basis of complaint against the govern- 
ment here. 

Although not altogether convinced that that complaint is well founded, I 
thought there was sufficient ground for it to justify a request for an explanation. 
To that end I yesterday addressed a note to Lord Russell, a copy of which is 
also sent. I think it will turn out that a similar notice has been given to both 
vessels, and that the unexpected refusal of Captain Craven to depart was sus- 
pected to be in violation of the spirit of his engagement. Should a reply from 
his lordship be received before the departure of this despatch, a copy of it will 
also accompany it. 

I have Teceived from ]Mr. Sprague, the consul at Gibraltar, regular accounts, 
by telegraph, of the movements of the Sumter, and likeAvise a report in a letter, 
which, at his request, I forward to the department. 

I do not furnish any further accounts of the movements made at the various 
ports of the kingdom in aid of the insurgents, for the reason that the respective 
consuls are believed to be so active in forwarding the information as to render 
the labor on my jiart superfluous. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 

Hon. William H. Seward, 

Secretary oj" State, Washington, D. C. 



A. 

Captain Patey to Commander Craven. 

AdiMiralty Office, 
Southampton, January 26, 1862. 

Sir : I have the honor to state that I am directed to obtain from you, as Avell 
as from the commander of the Nashville, a Avritten promise that you will not 
leave your present position without giving me twenty-four hours' notice of your 
intention to depart. 

I am, sir, your most obedient servant, 

CHARLES G. E. PATEY, 
Additional Captain of her Majesty's Steamer Victory, 

And Senior Officer at Southampton. 
Commander T. AuGS. Craven, 

United States Steamship Tuscarora , Southampton. 



22 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

B. 

Commander Craven to Captain Patcy. 

United States Steamer Tuscarora, 

Soutliampton, January 26, 1862. 

Sir : I have tlio honor to acknowledge the receipt of your letter of this clay. 
I most cheerfully agree to the requirement of giving you twenty-four hours' 
notice of my intention to depart from this anchorage. 

I am, sir, most respectfully, your obedient servant, 

T. AUG. CRAVEX, 
Commander United States Navy. 
Captain Charles G. E. Patev, 

Senior Naval Officer, Southampton. 



c. 

Commander Craven to Captain Patey. 

Umted States Steamer Ttscarora, 

Soiithampton, January 27, 1862. 

Sir : I have the honor to inform you that I intend to proceed to sea to- 
mon-OAV, (Tuesday,) at 11 a. m. 

I am, very respectfully, your obedient servant, 

T. AUGS. CRAVEN, Commander. 
Captain Charles G. E. Patev, 

Royal Navy, Senior Naval Officer, Southavipton. 



D. 

Captain Patey to Commander Craven. 

Admiralty Office, 
Soutkampton, January 27, 1862. 

Sir : I have the honor to acknowledge the receipt of your letter of this day's 
date, acquainting me that you Intend to proceed to sea to-morrow, (Tuesday,) at 
11 a. m. A notice of your intention so to proceed has been communicated by 
me to the lieutenant commanding the Nashville. 
I am, sir, your most obedient servant, 

CHARLES G. E. PATEY, 
Additional Captain of her Majesty's Steainer Victory, 

And Senior Naval Officer — Present. 
Commander T. Augs. Craven, 

United States Navy, U S. Steamer Tuscarora, Southavipton. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 23 

E. 

Commander Craven to Captain Patcy. 

Unite;d States Steamer Tuscarora, 

Southampton, January 28, 1862. 

Sir: I have the honor to advise you that, in consequence of tlie inclemency 
of the weather, I shall defer my departure until to-morrow, (Wednesday,) or 
the first fair day. 

I have the honor to be, sir, your obedient servant, 

T. AUGS. CRAVEN, 
Commander United States Navy. 
Captain Charles G. E. Patey, 

Senior Naval Officer, Southampton. 



F. 

Captain Patey to Commander Craven. 

Admiralty Office, 
Southampiton, January 28, 1862 — 11 a. m. 
Sir : I have the honor to acknoAvledge the receipt of your letter of this day's 
date, advising me that, in consequence, as you allege, of the inclemency of the 
weather, you intended to defer your departure imtil to-nioiTow (Wednesday) or 
the first fair day. 

Not seeing anything in the state of the weather to prevent your proceeding to 
sea in accordance Avith the intimation expressed in your letter to me of yester- 
day, I have to request that yoiT will lose no time in leaving the Southampton 
waters and proceeding to sea accordingly. Having received from you a written 
notification of your intention to proceed to sea this day at 11 a. m., I did not 
deem it necessary to convey to you my instructions, which were, " to desire that 
you would leave the Southampton waters and proceed to sea to-day at 12 o'clock, 
&X noon." 

I am, sir, your most obedient servant, 

CHARLES G. E. PATEY, 
Captain, Superintendent, Senior Officer. 
Commander T. AuGS. Craven, U. S. N., 

United States Steamer Tuscarora, Southamjfton. 



Mr. Adams to Lord Russell. 



Legation of the United States, 

London, January 29, 1862. 

My Lord : I have the honor to submit to your lordship's consideration copies 
of certain letters transmitted to me by Commander Craven, of the United States 
corvette the Tuscarora, now at Southampton. It would appear, from the tenor 
of this correspondence, as if a different rule were about to be applied by her 
Majesty's government to the armed ships of the United States from that which 
has been extended to their enemies. As I cannot permit myself for a moment 
to believe the existence of any such intention, I feel myself constrained to apply 



24 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

to your lonlsliip lor t^wch an ox|»laiiation of the t(■nn:^ of Captain Patoy's note of 
tlic 28tli iut^taiit at< may reconcile tlu; apparent inconsirftcncy -which it involves. 
"\Vhilt^t I deem it needless to at^siire your lordship of the desire of my govern- 
ment to ahstain from any and all acts which would tend in the remotest degree 
to a viohition of tlie laws of neutrality within the jurisdiction of her INIajesty, 
it Avould at the same time be a source of great regret if even a shadow of ground 
should be given to the idea that at least an equal degree of comity is not ex- 
tended to them Avith that Avhich has been granted to persons committing the 
most hostile acts against their authority. 

I pray your lordship to accept the assurances of the highest consideration 
with which I have the honor to be your lordship's most obedient servant, 

CHARLES FRANCIS ADA:\IS. 

Right Hon. Earl Russell, S^t., Sfc., S^v. 



Lord Russell to 21 r. A(la??is. 



Foreign Office, January 30, 1862. 

Sir : I have had the honor to receive your letter of the 29th instant, enclosing- 
certain correspondeitce transmitted to you by Commander Craven, of the United 
States corvette the Tuscarora. 

I can assure you it has been the earnest desire of her Majesty's government 
to apply the same equal rule to the amied ships of the United States and to 
those of their enemies. 

It has been difficult to apply to the Tuscarora, however, rules which Avould 
put her exactly on an equality with the Nashville, for reasons M'hich can only 
be explained by a detail of the facts. 

For this purpose the best course will be that I should refer your letter to 
the board of admiralty, with a view to obtain a precise ansAver as to the pro- 
ceedings to -which you refer. 

In the meantime I have to inform you that stringent rides for the purpose of 
preventing any infringement of her INEajesty's neutrality during the present im- 
liappy contest arc about to be promulgated. 

I have the honor to be, with the highest consideration, sir, your most obe- 
dient, humble servant, 

RUSSELL. 

Charles Francis Adams, Esq., &f(:., c^r., c^r. 



Lord Russell to Mr. Adams. 



Foreign Office, Fehruarf/ 1, 1862. 

Sir : I have now the honor to send you a summary of the proceedings of the 
board of admiralty in regard to the Tuscarora and Nashville in Southampton 
waters. 

I think you will see from this summary that her Majesty's government have 
reason to complain of the conduct of the commander of the Tuscarora, as an 
attempt to carry on hostiliti<NS in the Avater of a neutral. I have the honor also 
to enclose a copy of the London Gazette containing the rules Avhich I mentioned 
to you in a previous letter. 

I have the honor to be, Avith the highest consideration, sir, your most obe- 
dient, humble servant, 

RUSSELL. 

Charles Francis Auaais, Esq., Sfc., ^r., S)V. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 25 



rROCEEDINGS OF THE BOARD OF ADMIRALTY. 

Jamarv 30, 1862. 

Statement of facts with, regard to the Tuscarora, United States vessel-qf-tcar, 
and the Xashville, a vessel belonging to the so-styled Confederate States. 

Novemhvr 21, 1S61. — Xashville arrived at Soutliampton and taken into 
dock for caulking and otlier I'epairs. 

December 15, 1861. — Tu,<carora arrived and anchored off entrance to' river 
Itchoii. 

December 23, 1861. — Captain Patey reported that no repairs had heen made 
in Na,shville heyond what was absohitely necessary, and that she had not 
been in any way equipped more completely as a man-of'-Avar. 

January 10, 1862. — Captain Patey reported that the dock-master at South- 
ampton had, on previous night, found two officers (one with side arms) and three 
men belonging to Tuscarora under Graving dock fence, on pier between docks. 
They stated that they were stationed there by their captain's orders, to Avatch 
Nashville, and to make a signal to their own ship should Nashville attempt 
to get under way. Dock-master removed these persons. 

January 10, 1862. — Captain Patey also reported that the Tuscarora had 
received 150 tons of coal, and had kept her steam np ever since her an'ival, Avith 
a spring on her cable apparently ready for sea. 

January 11, 1862. — Captain Willcox, of her Majesty's steamer Dauntless^ 
stationed in Soutliampton Avater, informed captains of Tuscarora and Nash- 
ville that he had obser\'ed preparations for their departure, and had instructions 
to prevent any hostilities in British Avaters, and brought to their notice that the 
laAv of nations reqi;ires that tAventy-four hours shoxild elapse before the departure 
of one beUigerent ship from a neutral port in pursuit of another. Captain Patey,. 
as senior officer at Southampton, also informed captains of Tuscarora and 
Nashville that he had received orders to detain one vessel until the other had 
twenty-four hours' start. Captains of tAvo AX'ssels answered that they Avould 
conform to laAv, and Captain Craven, of Tuscarora, claimed right of free access^ 
to and egi-ess from " Avaters of a nation believed to be in amity Avith the United 
States," trusting that strict impartiality Avould be observed betAveen the two 
vessels. In reply, Captain Patey referred to fact of Captain CraA'en having 
sent officers and men into docks to Avatch Nashville, and also pointed out 
that a boat apparently armed, from the Tuscarora, had been obser\'ed ])ulling 
in and out of the docks, Avithout landing, during the night. Cajitain CraA'cn 
gave assurance that this should not be repeated. 

January 13, 1862. — Tuscarora left anchorage at 4 a. m., and proceeded to 
anchor one mile Avest of Calshot light-ship. Returned at 4 p. m. to former 
anchorage, at entrance of Itchen riA'er. 

January 15, 1862. — Tuscarora, at 2 p. m., Aveighed anchor and passed 
Calshot. 

January 16, 1862. — At 2 p. m. returned to original anchorage. 

January 20, 1862. — At 8 p. m. proceeded down Southampton Avater and an- 
chored outside Calshot castle. 

January 22, 1862. — At 10 a. m. returned to anchorage at mouth of Itchen 
river. 

January 25, 1862. — Captain Patey reported Nashville coaled, and necessary 
repairs completed, and Tuscarora ready for sea ; also, that in conversation Avith 
him. Captain Craven, of Tuscarora, had avoAved that he Avould do his utmost 
to render rule as to tAventy-four hours null and void, by constantly keeping up 
steam, and having slips on her cable, so that the moment Nashville might 
move, Tuscarora Avould precede her and claim priority of sailing, returning 



26 INSURGENT TRIVATEEES IX FOREIGN PORTS. 

^gain witliin tweuty-t'uur liom>, and 80 actually hlochoding Na.sliville in a 
neutral port. 

January 26, 1S62. — Under instructions, Captain Patey obtained written 
promises from captains of Tuscm'ora and Xaslivillc, not to leaAc tlu"ir then 
positions without giving twenty-four hours' notice. 

January 27, 1862. — In order to prevent any hostile ])roceedings between the 
two vessels in British waters, a messenger was despatched in the morning to 
Southampton with instructions to Captain Patey to requii'c Nashville to depart 
by 12 o'clock at noon, on Tuesday, the 2Sth January, and the Tuscarora on 
following day at same hour; but at 1 p. m., and before receiving these last-men- 
tioned instructions, Captain J-'atey tel(>graphed that captain of the Tuscarora 
liad notified to him that that ship would put to sea on the follo'vWng day, namely, 
on the 28th of Jaimary, at 11a. m. To this telegram an answer was at once 
sent that Tuscarora was accordingly to be alloAved to proceed first ; and inider 
the circumstances, Captain Patey did not think it necessary to acquaint the cap- 
tain of the Tuscarora of the orders he (Captain Patey) received subsequently, (on 
the afternoon of the 27th,) requiring the ship to quit Southampton. 

January ,2^, 1862. — Captain of Tuscarora reported by letter to Captain 
I'atey that he should defer departure, in consequence of inclemency of weather, 
until 29th, or first fsiir day. Captain Patey, in answer, told Captain Craven that 
he saw nothing in the state of the weather to prevent Tuscarora proceeding, and 
requested she would lose no time in doing so, observing that having received 
from Captain Craven a written notification of his intention to proceed on the 27th 
at 11 a. m., he (Caj)tain Patey) had not deemed it necessary to convey to Cap- 
tain Craven the instructions he had received for the Tuscarora to leave South- 
ampton on the 2Sth. 

January 29, 1862. — Captain Patey directed by telegraph not to take any 
steps, at present, to compel Tuscarora's departure. At 8.10 a. m. Tuscarora 
proceeded down Southampton water. 

January 30, 1862. — Captain Patey, by telegraph, reports Tuscarora, at 
2 p. m., remains in Yarmouth roads, and he asks for instructions as to Nash- 
ville's de])arture. Informed, in reply, that the time of Nashville's departure 
will date from hour Tuscarora sliall really ^o to sea in accordance with notice. 



]\Ir. Spraguc to Mr. Adams. 



CO.XSLLATE OF THE UxiTED STATES OF AlMERICA, 

GihraUar, January 20, 1862. 

Sir: I beg to enclose copies of the telegrams I had the honor of transmitting 
to you yesterday, respecting the arrival here on tlie previous night of the 
steamer Sumter. 

The moment she appeared in tins port I addressed a note to the governor of 
this fortress on the subject of tins unwelcome visitor, and I now beg to enclose 
copies of the wlu)le correspondence that has taken place, adding a copy of the 
protest of the master of the late bark Neapolitan, ■which vessel Avas destroyed 
by the Sumter befort; coming into this port. 

The bark Investigator, of Searsport, -which was the other vessel over- 
hauled by the Sumter, was afterwards released on the plea of being owned one- 
fourth in one of the southern ports, but not until her captain had executed and 
delivered a ransom bond for 811,250, in favor of the commander of tlie rebel 
steamer. The Investigator will proceed on her voyage to Newport, Eng- 
land, first fair Avind. The crew of the Neapolitan is now being placed 
under the charge of this consulate, and I shall dispose of these seamen in the 
best manner possible. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 27 

In the face of wliat the British governor liere lia^ addressed to me, I deeply- 
regret that it is out of the power of this coiisuhite to detain the Sumter in 
port, iind I fear that nothing now but an armed federal vessel could check her 
movements, now so dangerous to our commerce. 

I was able yesterday evening to charter a British tug-boat to go a few miles 
to the eastAvard of the Kock, for the purpose of Avarning all American wind- 
bound vessels in sight that they were running risk of cajiture by the Sumter 
by continuing to cruise off the straits, and several of our merchant vessels have 
already availed of the advice and entered this port to a safe anchorage. 

I have also telegraphed the same information throughout the Mediterranean 
ports to our consuls and others interested in American connnerce. The Sum- 
ter remains in port, and it is reported she Avill be supplied with coal here by 
private parties in the coal trade. I shall continue to keep a strict watch over 
her movements, and shall, in due course, telegraph to your excellency any 
important facts for transmission to our Secretary of State. 

Being quite hard pressed for time, I shall feel under great obligations if your 
excellency will kindly make known the contents of the present communication 
to our government at Washington, forwarding, at the same time, the enclosiu'es. 
I have the honor to be, sir, your obedient servant, 

HORATIO J. SPRAGUE. 

His Excellency the EwoY Extraordinary and Minister 

Plenipotentiary of the United States of America, Sfc., London. 



Mr. Hprague to Mr. Adams. 
[Per telegraph.] 

January 19, 1S62. 

Sumter arrived here last night with crews of captured vessels. Particulars 
not yet ascertained. 

SPRAGUE. 

January 19, 1862. 

Bark Neapolitan, of Kingston, destroyed by Sumter. Captain and crew safe 
in my charge Bark Investigator, of Searsport, permitted to proceed to England, 
cargo being Biitish ; captain giving bond for eleven thousand dollars. Sumter 
at anchor here. 

SPRAGUE. 
Mr. Adams, 

American Minister, London. 



Copy of the indorsement made hy the commander of the steamer Sumter on the 
register of the American bark Investigator, of Searsport, Maine, captured hy 
the Sumter in the Straits of Gibraltar, on the 18th of January, 1862, and 
released on the same day. 

The bark Investigator, of Searsport, Maine, was captured in the Straits of 
Gibraltar, on the ISth of January, 1862, by the Confederate States steamer 
Sumter, and released on ransom bond, having on board a cargo belonging to 
English subjects. 

R. SEMMES, Commander. 



28 IXSURGEXT PRIVATEERS IX FOREIGX PORTS. 



Mr. Spragnc to Si?- William Codrington, 

L'mted States Comsulate, 
Gibraltar, January 18, 1862 — 9^?. m. 

Dear General : I just learn that tlie rebel steamer Sumter has entered 
this port a few moments since, after destroying one or two of our merchant 
vessels within siglit of this rock. 

I hope your excellency Avill give such orders as may prevent this rebel 
cruiser from obtaining the necessary facilities and making equipments for the 
continuation of her inilawful vocation. 

The probability of the Sumter being Aisited by the sanitary authorities 
at an early hour to-moiTOw makes me anxious that the present note should 
reach your excellency's hands at an early moment ; hence the reason of my 
addressing you at this advanced hour of tin? night, and for which I beg to offer 
to your excellency many apologies. 

I have the honor to be, dear general, very respectfully, your obedient servant, 

HORATIO J. SPRAGUE, 

United tttates Co?isul. 

His Excellency General Sir William Codringtox, K. C. B., 

Governor of Gibraltar, Sfc., Sfc., &fc. 



Mr. Freeling to Mr. Spragne. 

Secretary's Office, 
Gibraltar, January 19, 1862. 

Sir : I am directed by his excellency the goA-ernor to acknoAvledge the re- 
ceipt of your letter of yesterday's date on the subject of the Confederate steamer 
Sumter, now at anchor in this bay. 

His excellency desires me, in reply, to inform you that the instructions con- 
tained in her Majesty's 2>i'Oclamation of the 13th May last, (published in the 
Gibraltar Chronicle of the 1st June, 1861,) Avith reference to the strict neutrality 
to be observed by her Majesty's subjects in the contest betAA^een the gOAcrnment 
of the United States of America and certain States styling themseh'es the Con- 
federate States of America, AA-ill be strictly carried out Avith re*ard to the rights 
and obligations tOAA'ards both belligerent ]>arties. 

I have the honor to be, sir, your obedient serA^ant, 

J. FREELING, Colonial Secretary. 
Horatio J. Sprague, Esq., 

Consul of the United States of America, Gibraltar. 



Mr. Sprague to Mr. Freeling. 

United States Consulate, 

Gibraltar, January 19, 1862. 

Sir : I liaA'c the honor to acknoAA'ledgc the receipt of your communication of 
this day's date, and beg to say, in reply, that I fully count ujion his excellency 
the governor preventing the neutrality of this port and fortress from being com- 
promised by southern armed cruisers to the detriment of the commerce of th% 
United States. 



INSURGENT PEIVATEERS IN FOREIGN PORTS. 29 

His excellency the governor is already informed of the particulars of the 
destruction of property yesterday by the Sumter in sight of this rock ; the 
bark Neapolitan, of Kingston, (United States of America,) was captured and 
destroyed by this steamer, and the crew were sent to this port by the American 
bark Investigator, at first captured by the Sumter, and then released on 
her master handing to the commander of the Sumter a ransom bond for 
$11,250. This crew was put on board the Investigator to go wherever they 
pleased ; and being protected American seamen, I beg to ask the favor of his 
excellency the governor to permit these men to place themselves under the 
charge of this consulate, so that I may provide lor their subsistence and return 
to their homes. They are entirely destitute, and are at this moment a heavy 
burden to the master of the American bark Investigator, who is anxious to 
be relieved of them, as he wishes to proceed on his voyage to England without 
further delay. 

I am, sir, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Co?isul. 
Captain J. Freeling, R. A., 

Colonial Secretary, Gibraltar, ^r., ^r., i^. 



Mr. Freeling to Mr. S/)rague. 

Secretary's Office, 
Gibraltar, January 20, 1862. 

Sir : I am directed by the governor to acknowledge the receipt of your letter 
of yesterday's date, and to inform you that by some expressions in it there 
seems to be expectation on your part, which it might not be in his excellency's 
power to accomplish, Avith regard to acts detrimental to the commerce of the 
United States. 

He therefore begs me to remind you that her Majesty's proclamation and the 
rules of international law will form the limit and the guide in any conduct ob- 
served towards the belligerent parties of the northern and southern States of 
America. 

The governor understands that you will take charge of the crew of the Ne- 
apolitan, and he has, therefore, no objections to their being landed from the 
Investigator at once. 

I have the honor to be, sir, your obedient servant, 

S. FREELING, Colonial Secretary. 

Horatio J. Sprague, Esq., 

United States Consul, Gibraltar. 



Protest of Andreiv Burditt. 

COiXSULATB OF THE U.XITED StATES OF AMERICA, GIBRALTAR: 

Before me, Horatio Jones Sprague, consul of the United States of America 
for this port of Gibraltar, personally came and appeared this day Andrew Bur- 
ditt, master of the late American bark Neapolitan, of Kingston, who reported 
having sailed from Messina on or about the 2Sth day of December last past, 
laden with a cargo consisting of sulphur and green fruit, and bound for Boston. 
That during the voyage he experienced variable weather, and that on or about 



30 INSURGENT PKIVATEERS IN FOREIGN PORTS. 

the IGtli day of January instant he made the Rock of Gibraltar, i^trong Ave.«terly 
wind.s prevailing at the time, and Avas endeavoring to work wp to the Straits of 
Gibraltar, when at about gcven o'clock on tlii; morning of the 18th instant, Oeuta 
bearing south about two miles and a half distant, with moderate and baffling 
Avinds from the westward, a steamer was seen steaming; east, with the ensig-u of 
the United States of America flying ; soon after, the said steamer squared right 
for the said bark Neapolitan, and she came alongside, ordering the said ap- 
pearant to heave to ; a boat was sent on board from the said steamer, whicli took 
the said appearant on board the said steamer, which proved to be the Confederate 
States steamer Sumter, commanded by Captain R. Semmes, with a crew of 
about seventy men. That a boat Avith a full creAV Avas then sent from the said 
steamer to the said bark Neapolitan, Avho began stripping everything from her 
in the shape of sails, rigging, oil, paints, provisions, &:c., which Avere then put 
on board the Sumter — the said steamer hoisting the Confederate States Hag 
and loAvering the ensign of the United States of America (Avhich she had pre- 
viously hoisted) from the moment she took possession of the said bark Neapol- 
itan. That in the meantime the said steamer Sumter captured the American 
bark lA^estigator, of Searsport, from Garrucha, loaded with mineral ore for 
NeAvport, (England,) Avhich vessel Avas afterAvards allowed to continue her A-oyage 
to NcAvport, in consequence of the master of said bark giA'ing a ransom bond for 
811,250, in favor of Captain R. Semmes, of the aforesaid steamer Sumter, 
and for her being partly owned in a southern port of the United States. That 
then the creAV of the said bark Neapolitan Avas placed on board the said bark 
InA'cstigator, and came into this port, Avhere they anchored this morning at 
four o'clock, the said appearant haA'ing been prcA'iously depriA'ed of eighty-six 
dollars belonging to him, together Avith his chronometer, sextant, and charts, by 
the aforesaid Captain R. Semmes, of the said steamer. That at about three 
o'clock last CA'ening the aforesaid bark Neapolitan was fired by the crcAv of 
the aforesaid steamer, at about eighteen miles to the eastAvard of the Rock of 
Gibraltar. 

In consequence of the foregoing, the said a])pearant liereAvith solemnly and 
publicly protests against the said steamer Sumter, her commander aforesaid, 
officers and crcAv, and all Avhich in right ought to be protested against, all losses, 
costs, damages, detriments, and expenses Avhich have or hath arisen, or Avhich 
may accrue to those concerned in the aforesaid late American bark Neapoli- 
tan, of Kingston, or the proprietors of the cargo in consequence thereof. 

This done and protested, the said AndrcAV Burditt hath hereunto set his hand, 
in Gibraltar, this nineteenth day of January, anno Domini one thousand eight 
hundred and sixty-tAA'o. 

ANDREW BURDITT. 

SAVOrn before me this nineteenth day of January, A. D. 1862. 

HORATIO J. SPRAGUE, 

U. S. Consul, Gihraltar. 

I certify that the foregoing contains a \-erbatim copy of the protest of the 
master of the late American bark Neapolitan, of Kingston, duly registered in 
this consulate, and, as a Aerbatim copy of the original, is entitled to full faith and 
credit. Witness my hand and seal of office, in Gibraltar, this 20th day of Jan- 
uary, A. D. 1862. 

HORATIO J. SPRAGUE, 

U. 8. Consul, Gihraltar. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 31 

Declaration of the officers of the hark Xeajwlifan. 
Consulate of the United States of America, Gibraltar: 

Appeared personally, and solemnly and sincerely declared, on this twenty- 
third day of January, A. D. 1862, Andrew Burditt, master; Jacob Doyle, first 
officer, and Edward Houndlett, second officer, of the late American l)ark Nea- 
politan, of Kingston, 322 tons, or thereabouts; that they sailed in and with the said 
bark Neapolitan from IMessina on or about the 28th day of December, 1861 
loaded with a cargo of brimstone and green fruit, and bound for Boston ; that 
during the voyage they experienced variable weather, and nothing of j)articular 
note occurred until the morning of the ISth January instant, the wind being 
about northwest, and they then were close to Ceuta, the centre thereof bearing- 
south and by east; that at about a quarter before seven o'clock they observed a 
steamship, Avith American colors Hying, running to the ear»tward, which inune- 
diately afterwards stood towards them; that tlu; colors were ordered to be hoisted, 
and while the mate was bending them on, the steamer spoke them and ordered 
them to heave to; presently a boat came from the steamer and directed the mas- 
ter to carry all the ship's papers to the steamer ; that the master went in the 
steamer's boat, can-ying her papers ; that the said bafk Neapolitan was lying 
to, with her head towards Ceuta, within about one and a half mile of the shore, 
and the moment the boat with the master and papers reached the strange steamer 
she hoisted Confederate colors and hailed the aforesaid bark Neapolitan, order- 
ing her to wear; that the Neapolitan wore, and a boat came from the steamer 
with an officer. As soon as the boat reached the aforesaid bark Neapolitan 
the officer declared her to be a prize, and ordered her men aloft to cut away the 
sails. At this time the wind was moderate, but it very soon freshened up, and 
the men of the steamer wore the aforesaid bark Neapolitan again, and having 
run before the wind for a mile and a half they hove her to again on the star- 
board tack. The crew of the aforesaid bark Neapolitan were then ordered to 
pack up their things and go on board of the bark Investigator, another Amer- 
ican bark which the steamer had been boarding; that at about ten o'clock they 
Avere forced away from their ship and went on board the bark Investigator, 
leaving their ship, the Neapolitan, in the hands of the officers and crew of 
the Confederate States anued steamer Sumter, who Avere now busily employed 
in taking out her stores. That the aforesaid bark Investigator made sail and 
stood towards Gibraltar, and about two o'clock p. m. of the same day they 
saw the Neapolitan in flames, burned by the aforesaid steamer Sumter. 

And these appearers again most positively declare that their late bark Nea- 
politan was within one and a half mile of Ceuta and the coast of Morocco, or 
eerteinly a very long way Avithin cannon-shot at the time she was boarded and 
seized by the Sumter. 

ANDREW BURDITT. 

JACOB DOYLE. 

EDWARD HOUDLITT. 

Declared, at Gibraltar, this twenty-third day of January, one thousand eight 
hundred and sixty-two, by the said AndreAV Burditt, Jacob Doyle, and Edward 
Houdlitt, before me. 

JAMES C. RELPH, 
Notary Pichlic, Gibraltar. 

I certify that the foregoing writing contains a verhatim copy of the original 
document, duly registered in this consulate, and, as a verhatim copy of the orig- 
inal, is entitled to full faith and ci-edit. 

Witness my hand and seal of office, in Gibraltar, this 25th day of January, 
A. D. 1862. 

HORATIO J. SPRAGUE, 

JJ. tS. Consul, Gihraltar. 



oz 



INSURGENT PRIVATEERS IX FOREIGN PORTS. 



M?\ Spragne to Mr. Adams. 

Consulate of the Unmted States of America, 

Gibraltar, January 23, 1862. 

Sir : I had tlic lionor of addres.■^ing you on the 20tli in^Jtant, Avith cuclo.sures, 
rolatinfi' to the arrival here of the steamer Sumter, and of her exploits within 
sight of this fortress. 

I now come to hand you a copy of a telegram Avhich Avas forwarded to your 
excellency m\ the following day, and also beg to enclose copies of further cor- 
i-espondence I have held with the British authorities on the subject of the rebel 
cruiser. 

Up to this hour (3 p. m.) the Sumter has not been supplied Avith coal, and 
I hear the priA'ate companies for the sale of coal in this market liaA-e decided to 
refuse supplying her Avith any, and I liereAvith enclose a copy of a communica- 
tion receiA'ed from one of these companies to that effect. 

As the Siimter holds A'cry little communication Avith the shore, and only a 
boat's crcAv from her comes on shore at one time, it is difficult to obtain any 
accurate or reliable information respecting the probable moA'cments of this un- 
Avelcome A'isitor, or the future intentions of her commander. Still I liaA-e reason 
to belieye that a fcAv days may yet transpire before she is able to proceed on 
her piratical cruise. She requires to put to pieces her condensing pipes, and 
may, if found really necessary, obtain the assistance of the dock yard. 

She came into port Avith only one anchor and chain cable, and has lately sup- 
plied herself AAdth neA\' ones, Avhich liaA^e been paid for by a commercial firm 
here named " Richard O. Joyce," agent, it is supposed, of some party in Cadiz, 
from Avhence the funds are received. 

There is no doubt in my mind that the commander of the Sumter arrived 
here A\-ithout any pecuniary means beyond Avdaat he took from the masters of 
the Neapolitan and luAX'Stigator ; and it is generally credited here that the 
crcAV on board are discontented, and AA'Ould Avillingly desert if an opportunity 
presented itself. The curious here \va\c been A'isiting this A^essel, and they 
receiA-e A'cry polite and marked attention from the officers on board. 

NotAvithstanding the assurance that an interA'al of tAventy-four hours Avill be 
granted to American merchant A-essels for leaving the port Avhile the Sumter 
remains here, I am of opinion that nothing but the presence of federal armed 
cruisers in these Avaters Avould do aAvay Avith the apprehensions and risks our 
merchant A-essels are noAv experiencing by the appearance of the Sumter in 
this port or in its A'icinity, and I sincerely ho])e your excellency may have it in 
your poAver to telegraph me that some armed A-essels of the United States are 
already on their Avay to the Mediterranean. 

As it appears that the bark Neapolitan Avas captured in the Avaters of 
Ceuta, I have already addressed the Spanish commandei--in-chief of the naA'al 
forces at Algeciras on the subject, as per copy enclosed, and I haA-e forAvarded 
the particulars to our legation at ^Madrid. 

Captain Burditt, of the Neapolitan, proceeds to the United States by first 
steamer, via Liverpool. In case your excellency shoiild Avish to communicate 
Avith him, his address Avill be at the Messrs. Baring Brothers & Co., of Liverpool. 
Be pleased to communicate^ the contents of the present to our Secretary of 
State, forAA'arding its enclosures, and accept the assurances of my high considera- 
tion and respect. 

HORATIO J. SPRAGUE. 
His Excellency Charles Francis Adams, 

Envoy Eoctranrdinarii and Minister Plcnijiotetitiary 

of the United States of Amerixa, t^r., ^., London. 

V S. — I enclose the protest of the master of the bark Investigator, of 
Searsport. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 33 

3Ir. Sjyraguc to Captain Warden. 

Gibraltar, January 21, 18G2. 

Sir : Tlie steamer Sumter still remains iu this port. There are also several 
wind-bound American vessels in tins bay, some of them likely to be towed out 
of the straits at any moment, and for the guidance of their masters I shall feel 
obliged if you will inform me at your earliest convenience what rules you intend 
to lay down or enforce on the occasion, in case any American vessels should 
leave port before the Sumter, or if the Sumter should be outside the port 
waiting to intercept them. 

I have the honor to be, sir, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 
Captain Warden, C. B., 

Royal Navy, Senior Naval Officer, Dock Yard, Gibraltar. 



Captain Warden to Mr. Spraguc. 

Her Majesty's Steam Vessel Cuckoo, 

Gibraltar, January 21, 1862. 
Sir : I have the honor to acknowledge the receipt of your letter of this day's 
date, requesting to be informed what rules I intend to lay down or enforce as 
regards the departure of American vessels during the stay of the Sumter at 
this port, and to inform you, in reply, that I am at present in communication 
■\\nth the law oflScers of the crown and his excellency the governor on this sub- 
ject, and that I will lose no time in acquainting you when a decision has been 
arrived at. 

I have the honor to be, sir, your obedient servant, 

FRED. AVARDEX, 
Captain and Senior Naval Officer. 
Horatio J. Sprague, Esq., 

United States Consul, Gibraltar. 



Captain Warden to Mr. Sprague. 



Her Majesty's Steam Vessel Cuckoo, 

Gibraltar, January 21, 1862. 
Sir : I have the honor to acknowledge the receipt of your letter of this day's 
date, requesting to be informed what rules I intend to lay down or enforce as 
regards the departure of American vessels during the stay of the Sumter at 
this port, and to inform you, in reply, that I am at present in communication 
Avith the law officers of the crown and his excellency the governor on this sub- 
ject, and that I will lose no time iu acquainting you when a decision has been 
arrived at. 

I have the honor to be, sir, your obedient servant, 

FRED. WARDEN, 
Captain and Senior Naval Officer. 
Horatio J. Sprague, Esq., 

United States Consul, Gibraltar. 

H. Ex. Doc. 104 3 



34 INSURGENT PEIVATEERS IN FOREIGN PORTS. 



Captain Warden to Mr. Sprague. 

Her Majesty's Steam Vessel Citkoo, 

Gibraltar, January 23, 1862. 

Sir : With reference to your letter of the 21st instant, on the subject of the 
protection to be afforded to the merchant shipping of the United States at Gib- 
rahar during the stay of the Sumter in this port, I have the honor to enclose 
for your information and guidance extracts from the correspondence which has 
taken })lace on that subject. 

Commander Semmes was infoiined by me that a decision had been arrived at, 
" That American merchant vessels quitting Gibraltar "whilst the Sumter is in 
the bay are entitled to a start of twenty-four hours before being pursued with a 
hostile intention, and that it is the duty of the authorities concerned to see that 
such protection is extended over them." 

And in his reply of the same day he states : 

" That the Sumter will not pursue within twenty -four hours of her departure 
any vessel of the United States that may leave the bay of Gibraltar." 
I have the honor to be, sir, your most obedient sen^ant, 

FRED. WARDEN, 
Captain and Senior Naval Officer. 
Horatio J. Sprague, Esq., 

United States Consul, Gibraltar. 



Captain Warden to Mr. Sj^rague. 

The ]\rouNT, January 23, 1862. 

My Dear Sir : I have an assurance from Commander Semmes to the folloAv- 
ing effect : 

" The Sumter will not pursue within tAventy-four hours of her departure any 
vessel of the United States which may leave the bay of Gibraltar." 

I will send you extracts of the correspondence shortly. 
Yours, truly, 

FREDERICK WARDEN. 



Mr. Smith to Mr. Sprague. 



Gibraltar Coal Company, 

Gibraltar, January 20, 1862. 

Sir : i have to acknoAvledge receipt of your note of the 18th instant, advising 
the an-ival of the Sumter, and requesting that the Gibraltar Coal Company 
may not supply that steamer with coals. In reply, I beg to inform you that, 
having represented the circumstaikce to the directors, they desire me to inform 
you that, as the company has hitherto coaled the United States navy, they had 
resolved on not supitlying the steamer Sumter with coals, and that they con- 
sequently feel plca^^eil in having thus anticipated your wishes. 
1 am, sir, your obedient servant, 

W. II. SMITH, Manager. 
Horatio J. Sprague, Esq., 

United States Consul, Sfc., Sfc., S^c. 



INSURGENT PRIVATEERS IX FOREIGN TORTS. 35 

Mr. Sj^rague to Mr. Adams. 
[Per telegraph.] 

January 21, 1862. 
The Sumter is still here, evidently waiting funds. The British governor 
observes strict neutrality, in conformity with the Queen's proclamation. 

HORATIO J. SPRAGUE. 
Mr. Adams, American Minister, London. 



Mr. Spragiie to Cajitain Izquierda. 

[Translation.] 

Co.nsulate of the United States, 

Algeciras, January 21, 1862. 
Dear Sir: According to depositions made at my consulate, in Gibraltar, by Cap- 
tain Burditt, who commanded the American brig-bark Neapolitan, said vessel was 
captured on the morning of the 18th of the present month, at only half a league 
distance from the fortress of Ceuta, by the rebel steamer Sumter, which steamer 
had the evening before come out from the port of Cadiz. Well convinced as 1 
am that the government of her Catholic Majesty is far from permitting its juris- 
diction to be insulted, I hasten to inform you of this act on the part of the 
steamer Sumter, that you may take the measures necessary for avoiding in 
future the repetition of so flagrant an action, and not allow Spanish waters to 
be the theatre of such acts of piracy. 

I will tell you at the same time that the Sumter is at this moment remaining 
at anchor in the bay of Gibraltar, and I do not doubt she may shortly be off" to 
continue her illegal occupation against the commerce of the United States. 
God preserve you many years. 

HORATIO J. SPRAGUE, 
Vice- Consul of tlie United States of America 
Captain J. de Dios R. Izquierda, 

&fc., Sfc., S^c, Algeciras. 



Captain Izquierda to Mr. Sprague. 

Headquarters of the Squadron of Instruction, 

Ship Queen Isabel II, Algeciras, January 22, 1862". 
In reply to your esteemed communication of yesterday's date, which you in 
person delivered to me at 2 o'clock this afternoon, stating the caiiture of the 
brig-bark Neapolitan, under the American flag, made on the morning of the 
18th instant, at only half a league from the fortress of Ceuta, by the rebel 
steamer Sumter, and moreover that for this reason you make the communication 
to me, it is my duty to say to you that, being instructed by the government of 
her Majesty, as Avell as by all the naval authorities along the shores of the 
])eninsula and islands adjacent, to cany out scrupulously ail the directions of 
the royal decree of the 17th of June of last year, published in the Madrid 
Gazette of the 19th of the same month, I shall maintain the most strict neu- 



36 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

trality in the contest wliicli the federal States of the Union cany on with the 
.southern Confederate States, in conformity Avith such royal decree, by force 
whereof it is not possible for me to determine that any vessel of this squadron 
should ff) to visit or pursue the Sumter, even althouf^di she is at Gibraltar, and 
about to leave soon ; and in case of her coming into the waters of Algeciras for 
any cause I shall act according to the provisions of the said royal decree, and 
what may be titting in the case if an attempt be made to violate the maritime 
girdle of Spanish territory. 

God preserve you many years. 

JUAN DE DIGS RS. IZQUIERDA. 

The VicE-CoNSUL 

Of the United States of America at Algeciras. 



Protest of Charles G. Carver. 



Consulate of the United States of America, 

Gihraltar. 

Before me, Horatio Jones Sprague, consul of the United States of America 
for the port of Gibraltar, personally came and appeared this day Charles G. 
Carver, master of the American bark Investigator, of Searsport, who reported 
having sailed from Garrucha on or about the 6tli of January instant, loaded 
with mineral ore and bound for Newport, England; that he experienced variable 
weather during the passage towards the Straits of Gibraltar; that on the 17th 
instant, at about seven o'clock in the morning, he made the liock of Gibraltar, 
bearing AV.SW., distant fifteen miles, wind at the time being light and baftling 
from the westward ; that the vessel was worked down towards the straits, Avhen, 
on the following morning, while stretching towards Ape's Hill, a steamer was 
seen steering to the eastward, from the west, flying the ensign of the United 
States of America at her peak ; at the same time the said appearant saw a bark 
ahead, distant about six miles south, supposed to be American ; that soon after 
he saw the aforesaid steamer head towards the said unknown bark, and the said 
bark heaved to, with maintopsail back, and the steamer, after remaining near 
the bark for the space of about half an hour, steered towards his own bark; 
that the aforesaid steamer, after nearing her, hailed her and ordered the said 
■ appearant to heave to, and a boat was sent to him with orders that he shrndd 
take his papers and proceed at once to the said steamer, which was accordingly 
done ; that the said appearant then found that he was on board the south con- 
federate steamer Sumter, commanded by R. Semmes; that after the said com- 
.mander had examined the papers of the said bark Investigator, he informed the 
said appearant that he would not destroy his vessel, as he intended to d(? Avith 
the otlier bark he had just captured, (and which proved to be the bark Neapol- 
itan, of Kingston, from Messina, tor Boston,) provided the said appearant should 
execute a ransom bond in his favor for $11,250; that if he refused that he 
\would then certainly burn her also ; that X\w, said appearant then seeing no pos- 
sible chance to save the said bark Investigator, or freeing himself or his crew 
from the hands of the aforesaid R. Semmes, was forced to sign the document 
required, which bond was made out by one of the officers on board the said 
steamer, and ^^•hich he perceived was copied from another bond on the table of 
•the cabin, which a])peared to be of another vessel, previously captured, sup- 
posed to be the shiji ]\[ontmorency ; that after the said bond was didy signed, 
the said appearant was taken alongside of the American barque Neapolitan, 
previously captured by the said steamer Siunter, and after taking from her her 
.master, Andrew Burditt, and the remainder of the crew, they were all put on 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 37 

board the aforesaid bark Investig-ator, with orders to the said appearant that he 
couhl proceed on his voyage; tliat in the meantime the aforesaid steamer 
Sumter lowered the ensign of the United States of America and sliowed the 
flag of the southern confederation ; tliat the said appearant was deprived by 
the commander of the said steamer Sumter of fifty-one dollars ; that the bark 
Investigator, again in command of the said appearant, was filled away and 
proceeded to this port, where she anchored this morning at about four o'clock. 

In consequence of the foregoing the said appearant hereby solemnly and pub- 
licly protests against the said steamer Sumter, her commander aforesaid, 
officers and crew, and all which in right ought to be protested against all losses, 
costs, damages, detriments, detentions, and expenses, which have or hath arisen, 
or which may accrue to the said bark Investigator, of Searsport, or the pro- 
prietors of the cargo, in consequence thereof. 

This done and protested, the said Charles G. Carver hath hereunto set his 
hand, in Gibraltar, this nineteenth day of January, anno Domini one thousand 
eight hundred and sixty-two. 

C. G. CARVER. 

Sworn before me this 19th day of January, A. D. 1862. 

HORATIO J. SPRAGUE, 

U. S. Consul. 

I certify that the foregoing contains a verbatim copy of the minutes of protest 
of C. G. Carver, master of the American bark Investigator, of Searsport, duly 
registered in this consulate, and, as a verbatim copy of the original, is entitled 
to full faith and credit. 

Witness my hand and seal of office, in Gibraltar, this 21st day of Janu- 
[l. s.] ary, A. D. 1862. 

HORATIO J. SPRAGUE, 

U. S. Consul, Gibraltar. 



Mr. Sprague to Mr. Adams. 

Consulate of the United States of America, 

Gibraltar, January 25, 1862. 

Sir : I beg reference to my communication of the 23d instant, with several 
enclosures relating to the Sumter. 

Up to this hour (2 p. m.) this steamer remains quietly at anchor in this port, 
without taking in any coal, and I am assured she has only about two days sup- 
ply on board. 

She has unbent her sails and is painting, and it is generally believed will not 
leave port for some days ; in the meantime our merchant vessels are sliding off 
to their respective destinations during the night, and I sincerely hope some 
federal vessel-of-war may soon appear here, to prevent any further trouble to 
our shipping. 

Nothing further has transpired between this consulate and the British aiitlio- 
rities with regard to the Sumter beyond what I had the honor of stating and 
forwarding to your excellency in my communications of the 20th and 23d instant. 

The officers of the Sumter come on shore more freely, and are well re- 
ceived by the British garrison, Avho seem to take the "Times" newspaper for 
their text book. 

I have the honor to be, sir, your obedient servant, 

HORATIO J. SPRAGUE. 

His Excellency 

The Envoy Extraordinary and Minister Plenipotentiary 

of tlie United States of America, hondon. 



38 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

Mr. Adams to Air. Scicard. 
[Extract ] 

No. 112.] Legation of the United States, 

London, February 1, 1862. 

Sir : I regret to be compelled to inform you tliat the Nashville has escaped. 
As early as the 2d instant Captain Craven wrote to me from Portland of his 
intention to abandon the pursuit, and to turn his attention to the Sumter, at 
Gibraltar. I did not myself quite comprehend his policy of sailing in and out 
of so many ports, which ultimately gave the Nashville the oppoi-tunity to take 
the lead of him. Neither did the reason seem clear why he should have changed 
his purpose even before the Nashville started, instead of cruising outside in ex- 
pectation of the chance to catch her. I presume, however, that he will himself 
make the case plain to the government. The impression here is that he suffered 
himself to be completely outwitted. He will doubtless lay the blame on the 
action of the government and people of this country. My own opinion is that 

if he had been a little more cool and quiet he would have fared better. 

******** 

I have the honor to be, sir, your obedient servant, 

CHAKLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. Seward to Mr. Adams. 



No. 192.] Department of State, 

Washington, February 20, 1862. 

Sir: Your despatch of January 30, No. 108, with the correspondence therein 
referred to, concerning the Nashville, the Tuscarora, and other matters, has 
been received. It does not appear to require any instructions from me at this 
time. 

I am, sii-, your obedient servant, 

\YILLIAM H. SEWARD. 
Charles Francis Adams, Esq., (^r., Sfc., &fc. 



Mr. Seward to Mr. Adams. 
[Extract.] 



No. 19/).] Department of State, 

Washington, February 26, 1862. 

Sir : Your despatch of Febniary 7, No. 112, has been received. 

Captain Cravini has si;bmitted to the Secretary of the Navy very full reports of 
his proceedings at Southampton, and the reasons upon which they were con- 
ducted. Until something further shall be known there woidd seem to be no ur- 
gent reason for my dwelling upon the subjc^ct in this coiTCspondence. It is to be 
hoped that the pirates will find no sufficient encouragement to induce them to 



INSURGENT PRIVATEERS IN FOREIGN PORTS 39 

coutmiie their op(n-ations in European Avaters. The desperate condition of the 

insurrection in the ports and on the coasts of our own country will probably 

operate against extensive operations on their part abroad. 

******* 

I am, sir, your obedient sei-vaut, 

WILLIA3I H. SEWARD. 
Charles Francis AdaiMS, Esq., dc, ^r., Sfc. 



Mr. Adams to Mr. Seward. 



[Extracts] 

No. 117.] Legation of the United States, 

hondon, Fehruary 20, 1862. 

Sir ; I have received this week despatches from the departmi-nt, numbered 

from 171 to 177, both inclusive. 

******* 

I transmit herewith copies of the correspondence between ]\[r. Sprague, the 
consul at Gibraltar, and the authorities at that place, in regard to the Sumter. 
I desire to bear testimony to the vigilance of that gentleman in apprising me of 
all the movements of that steamer, from the moment it entered the harbor. In 
his letter to me he alludes to the disposition of the English officials as adverse 
to the United States, a remark which may, perhaps, receive confirmation from 
the circumstance that his despatch came to London with the consular seal broken, 
and was sent to me resealed by the post office authorities here, with the fact at- 
tested on the envelope. 

I have the honor to be, sir, your obedient servant, 

CHARLES FRANCIS ADAMS. 
Hon. William H. Seward, 

Secretary of State, Washington, D. C. 



Mr. F reeling to Mr. Sprague. 

Secretary's Office. 
Sir : I am directed by the governor to inform you that his excellency has re- 
ceived a letter of complaint from Captain Semmes with regard to your conduct 
as United States consul, viz : that you have, by means of your emissaries, tam- 
pered with and seduced from their allegiance several of the crew of the Sumter 
who have visited the shore on liberty. 

Captain Semmes particularly refers to Everett Salmon, John Jenkins, and 
Thomas Penny, three seamen of the Sumter, and he further states that you have 
persuaded some of his men to take refuge under 3^our consular flag. 

Captain Semmes adds that the evidence has come to him in a very satisfac- 
tory shape, and that he will be ready to produce it, if the allegation be denied. 
The governor requests you will give me information on these points. 
I have the honor to be, sir, your obedient sei-vant, 

S. FREELING, 

Colonial Secretary. 
Horatio J. Sprague, Esq., 

United btates Consul, Gibraltar. 



40 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. Sjjragne to Mr. Frceling. 

Consulate of the United States of America, 

Gihraltar, February 11, 1862. 

Sir : I have the honor to acknowledge the reception of your communication of 
yesterday's date, having regard to a letter from Captain Semmes, of the steamer 
Sumter, to his excellency the governor, comYtlaining, as you inform me, of my 
conduct as United Staters consul, and stating that I have by means of emissaries 
tampered with, and seduced from their allegiance, several of the crew of the 
Siuuter who have visited the shore on liberty ; and further, that I have per- 
suaded some of the men of the Sumter to take refuge under the flag of this con- 
sulate. 

In reply, I beg to lay before you the following statement of facts, having 
particular reference to the three seamen whose names are mentioned in your 
letter. 

On or before the 7tli instant, a seaman belonging to the Sumter, by nanie 
" John Jenkins," presented himself at this consulate in an intoxicated state. He 
inquired for the American consul, and, as I was present, he claimed my protec- 
tion as an American citizen, stating to me that he and many others were being 
forced to return on board the Siimter ; that he preferred to die rather than 
return on board ; that he was a Cape Cod man and wished to go back to his 
native place. I replied by telling him to go away and get sober, and that I 
would speak to him later. Upon this he left the consulate, and I immediately 
honored myself by calling upon the governor, accompanied, as you will doubt- 
less recollect, by yourself I then informed his excellency of what had been 
stated to me by " Jenkins," and which I have above detailed, and his excellency 
the governor thereupon promised that the seamen of the Sumter should not be 
ill-treated or forced on board against their will. That he would not permit the 
neutrality of this port to be violated, and that he would issue his orders accord- 
ingly. On the 7th instant two other seamen from the Sumter presented them- 
selves at this consulate, one of them, I think, named Thomas Penny, and finding 
me there also claimed my protection, stating that they belonged to the city of 
New York. I instantly sent for a policeman, and requested him to take these 
seamen before the police magistrate with a note from me, (of which I beg to 
enclose a copy,) with which reqiiest the policeman complied. I am not aware 
of what took place before the magistrate with respect to these seamen. In about 
two hours a policeman came to this consulate, and in the name of the police 
magistrate brought to me another seaman belonging to the Sumter, called 
Everett Salmon, who had his face frightfully bruised, and Avho likewise claimed 
my protection as an American, and desired to be sent to his home. I imme- 
diately sent this man away, advising him to have his injuries attended to, and to 
conduct himself steadily and quietly. 

Since the above occiu-rences I have had daily applications at this consulate 
from seamen of the Sumter, claiming protection, and in all cases desiring to be 
sent to their homes, and in every instance I have sent them to the police office, 
there to prefer their complaints (if any) or to relate their cases, and I have at 
the same time informed them that this being a neutral port I could not become 
security for their residence here, or at the present moment take steps for sending 
them to America. 

Beyond what is above stated, and always recommending to them, on the occa- 
sions referred to of their visits to this consulate, peaceable conduct in the towui 
I have never had, or, indeed, desired to have, any communication, directly or in- 
directly, with the crew of the Sumter ; their coming to me and absence from 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 41 

their vessiel being purely voluntary, and wholly, to the best of my knowledge, 
imconnected with persuasion of any kind. 

I trust that the above statement will alone relieve me from any suspicions 
that his excellency the governor might entertain as to the possibility of my 
acting or desiring to act in the manner pointed out by Captain Semmes ; but if 
this should not be the case, I woiild respectfully solicit from his excellency that 
he will do me the justice to cause each of the seamen in question to be examined, 
and then satisfy himself that, as the representative at this port of the United 
States of America, I have acted, in a position which is not devoid of difficulty, 
as honorably and judiciously as the circumstances of the case would warrant. 
I have the honor to be, sir, your obedient servant, 

HOKATIO J. SPRAGUE, 

United States Consul. 
Captain S. Frbeli.xg, R. A., 

Colonial Secretary, ifc., Gilraltar. 



Mr. Sprague to Police Magistrate at Gihraltar. 

Consulate of the United States, 

Gihraltar, February 7, 1862. 

Sir : The accompanying two seamen have just called at this consulate, claim- 
ing the protection of the United States government, and stating that they do not 
wish to return on board the Sumter, to which vessel they belonged. They will 
relate their own tales to you, and I beg I'espectfully to solicit for these men all 
the privileges which a neutral port can afford them. 
I am, sir, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 
The Police Magistrate, ^t., Sfc., Gibraltar. 



Mr. Seward to Mr. Adams. 



No. 196.] Department of State, 

Washington, February 27, 1862. 

Sir : I have just received from Mr. Morse, our consul at London, the infor- 
mation, carrying some appearance of probability, that the agents of the insur- 
rection at London and Liverpool are engaged in preparing a whole fleet of pi- 
ratical privateers to depredate on our commerce in Euro})ean waters. The Sec- 
retary of the Navy will, doubtlessly, immediately consider what can be done to 
protect this commerce. 

But I confess to an apprehension that something is necessary to be done by 
the British govenmient, and it seems to me it cannot rightfully be reftised under 
present circumstances. 

The British government, near a year ago, decided to concede to the insurgents 
the privileges of a belligerent power. The effect has been to invite the pirates 
across the Atlantic, and to seek the necessary shelter in British ports. Such 
have been the cases of the Nashville and the Sumter. Under that system, if 
the statements submitted by Mr. Morse are true, a piratical fleet is now actually 
being prepared in the ports of the British islands. 

Indications of proceedings on the part of the pirates rendered it necessary that 



42 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

we sliould appear with armed vesssels in the same waters to protect our com- 
merce. Tlie British government, apparently annoyed by the transfer of our 
conflict to her own vicinity, has now made an order, in which, phicing our na- 
tional vessels on the same footing Avitli the privateers, she denies to either en- 
trance into her ports, except in distress, and then a stay limited to twenty-four 
hours, with privilege of supplies of coal sufficient to reach the American coast. 
As coal cannot be carried across the ocean sufficient for supplies Avhich a steamer 
requires in European waters, our vessels are thus effectually prevented from 
meeting the piratical fleet which it is reported is to be sent out from the British 
ports. Moreover, the British public have not, without reason, objected to the 
maintenance of privateer agents in Grreat Britain to watch and detect their ope- 
rations. To attempt to maintain such agents there, after these complaints have 
reached us, would seem to involve a breach of courtesy. Does not it then de- 
volve upon Great Britain herself to enforce in her own ports the ordinance of 
neutrality that she has proclaimed ? Can piratical vessels be permitted to be 
launched from her own island ports, upon their destructive missions, without 
giving us just reason to suppose that the neutrality actually practiced is, though 
not designed to be fraudulent neutrality, more injurious to us than open hostility 
would be? 

If the answer heretofore given you shall still be repeated, that the existing 
municipal laws permit no adequate measures of prevention, can Great Britain 
justly exclude us in this case from such privileges in her ports and ■waters as 
would be necessary for our own defence against the armed pirates issuing from 
them? 

It is not in my power — it would even be disrespectful to the British govern- 
ment were I to attempt to indicate what measures are proper or even possible 
for that government to adopt. It would seem enough for us to bear that British 
subjects and British vessels carry on from British ports trade in violation equally 
of the British proclamation of neutrality and our proclamations of blockade, and 
yet it seems to be expected that we shall answer at once for the inefficiency of 
the blockade, and excessive vigor in maintaining it. This new feature of pirates 
fitting out under these changed circumstances in British ports, and sallying 
thence to destroy our unarmed vessels, without allowing us either the facilities 
for preventing it ourselves or the intervention of the British government, if 
allowed to be imprinted upon the face of this great transaction, would tend to 
alienate all sympathies whatever existing between ourselves and the British 
government and people. 

For our own part, we must remain in the belief that the cause, and the only 
cause, of all the misapprehensions and embarrassments which have occurred 
affecting the two countries was an unnecessary and premature concession of 
belligerent rights to the insurgents. Nor do I know how just such mischiefs as 
are now apprehended can be prevented in any way other than by revoking that 
concession. The time is favorable to that revocation. Let Great Britain resume 
the relations she held to us Avhen this attempt at revolution occurred, the revo- 
lution, already rapidly declining, would in that case become extinct at once. 
Much might yet be restored, and spe(Klily restored, too, of that commerce so 
useful to both parties which the insurrection has suspended. Much might yet 
be I'egained of that friendship and fraternal feeling Avhich only so recently were 
regarded by both parties as auspices of their permanent security in all their rela- 
tions, and of the advancement of that civilization throughout the world to whose 
progress both of them are pledged. 

But I return to the immediate subject. 

Not one of the privateers alleged to be fitting out in British waters can find a 
home or even transient shelter in American Avaters. They would not be fitting 
out in Great Britain if they could get to sea when prepared by the insurgents 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 43 

here. ^ If allowed to be fitted out there under such circumstances, will Great 
Britain claim that the proceeding is sanctioned by the law of nations ? 

Mr. IMorse will, on your demand, report his information to you. You will 
scan it carefully, and if you find reason to believe that it is authentic, and that 
the danger he apprehends exists, you will bring the subject to the notice of Earl 
Russell, and ask his serious consideration upon it. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Charles Francis Adams, Esq., ^v., Sfc, Sfc, 



44 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



FRANCE. 



Mr. Seivard to Mr. Dayton. 

No. 116.] Department of State, 

Washington, February 20, 1862. 

Sir : Your despatch of January 20 (No. 105) was received, altliougli after 
long delay. It is hoped the new regulations adopted by the British govern- 
ment will reassure the merchants and seamen who are so justly annoyed by the 
presence of the pirates in European waters. In the late complication of our 
affiiirs in Europe we could only remonstrate with the British government against 
the shelter allowed to the depredators on commerce, and send out such of our 
own vessels as we could spare for its protection. 

Your course in relation to the matter is approved. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

William L. Dayton, Esc[., S^c., S^v., Sfc. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 45 



S P A I X 



3Ir. Perry to Mr. Seward. 

No. 19.] Legation of the United States, 

Madrid, January 4, 1862. 

Sir: I have a telegram saying tlie privateer steamer Sumter has just cast 
anchor at Cadiz, coming from Rio de Janeiro. On tlie way she has destroyed 
three vessels, and has forty-two prisoners on board. 

I have seen Mr. Calderon, who promised me to immediately telegraph the 
authorities at Cadiz to apply the provisions of the royal decree of June 17 with 
vigor. I have myself sent a telegram to our consul at Cadiz, of which this is a 
copy — translation : 

" Apply immediately to the authorities to put in practice with all vigor the 
royal decree of June 17, 1861, with that privateer. The government promises 
me that it will on its side communicate a like order. The Sumter must release 
the prisoners, as did the Nashville at Southampton. No Spanish authority can 
permit within its jvxrisdiction to preserve either prizes or prisoners." 

I have telegraphed to Mr. Dayton, at Paris, to advise our captains on the 
Mediterranean, as also to Mr. Marsh, in Italy, and to consuls at Barcelona and 
Alicante. The British fleet in this sea has moved down to the straits of Gib- 
raltar. 

Yours, with great respect, &c., &c., &:c., 

HORATIO J. PERRY. 

Hon. "William H. Seward, hfc, d^r., i^-c, Washington. 



Mr. Seward to Mr. Perry. 



No. 5.] Department of State, 

Washington, January 31, 1862. 

Sir : Yoiu- despatch of the 4th of January, which gives an account of the 
proceedings of the Spanish government in the case of the Sumter and the 
American citizens whom she carried into Cadiz as prisoners, has been received. 
The President is very favorably impressed by the promptness with which Mr. 
Calderon Collantes has applied in that unhappy affair the principles of the royal 
proclamation. 

You will seek a proper occasion for making these sentiments known to the 
minister of foreign affairs. 

I am, sir, your obedient servant, 

WILLIAM II. SEWARD. 

Horatio J. Perry, Esq., S^., Sfc., Madrid. 



46 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. Terry to 3Ir. Seward. 

No. 21.] Legation of the United States, 

Madrid, January 8, 1862. 

Sir : I liad the honor to iuform you hastily on the 4th instant (same clay on 
which the List mail for America left Madrid) of the an-ival of the privateer 
steamer Sumter in the bay of Cadiz, with a copy of ray first telegi'aphic instruc- 
tions to the consul at that port ; also, that I had had an interview Avith her 
Majesty's minister of State, who had promised to take care that the provisions 
of the royal decree of June 17 were strictly adhered to by the Spanish 
authorities at Cadiz. 

I have now the honor to lay before you the correspondence, telegraphic and 
written, which has passed through this legation on the subject. My instructions 
to the consuls at Cadiz have been promptly and intelligently carried out, so far 
as I can judge at this moment. 

You Avill perceive that my first object has been to secure the release of the 
prisoners the Sumter brought Avith her, and at all hazards to prevent her leaving 
port again with them on board. I am still ignorant of the details of what has 
happened at Cadiz, but to-day's telegram informs me that the men are safe in 
the hands of our consul, in pursuance of the orders transmitted by this govern- 
ment, at my instance, to the authorities at that port. 

As to my notes to Mr. Calderon, I ought to say that it is not my custom to 
addi'ess this government on any important matter in other than the English 
language ; but the time lost in translating, and the urgency of this occasion have 
induced me to write in Spanish, and put the original notes immediately into the 
hands of the minister. 

Another motive on the 7th instant was the advantage of commenting upon 
the sense of the royal decree of June 17 in the same language in which it is 
wi-itten ; thus the phrase '■'■ armar un buquc,^' employed in the first article of the 
decree, signifies not merely to arm a vessel, but also all that we understand by 
the phrases to fit out or prepare a vessel for sea. 

Mr. Calderon not having replied to that communication, I learned that, though 
the authorities at Cadiz had, in fact, ordered the Sumter to go to sea, the captain 
of the vessel had refused to go, alleging the necessity of repair.^ before he could 
sail. Feai'ing that the Spanish authorities might yield to his request, imme- 
diately upon the receipt of the telegram of to-day from Mr. Eggleston, I 
returned him the telegraphic instruction to enter formal protest against any kind 
of repairs being done to the Sumter as contrary to the pro\asions of the royal 
decree of .June 17, and offensive to the government of tlii^ United States. 

I sought also an interview with Mr. Calderon, but he has not been at his de- 
partment to-day nor yesterday ; so I immediately communicated this telegraphic 
correspondence to him in writing, with the note of to-day. 

Madrid, January 11. 

Your attention is called to the telegram received yesterday from Cadiz. 

Last evening, 10th instant, Mr. Calderon sent me a request to meet him at 
the Department of State, which I did at 10 o'clock, when a conference of nearly 
two hours took place, in which Mr. Calderon began by an effort to convince me 
that the Spanit^h government was perfectly justified in allowing the Sumter to 
be re])aired at Cadiz, according to the provisions of the royal decree of June 17, 
1861. 

I miintained the ground I had taken in my note of the 6th instant on the text 
of that law itself, telling ]\[r. Calderon, also, that if the Spanish ports were to 
serve for repairing and getting ready for sea again southern privateers, after they 



INSURGENT PRIVATEERS IN FOREIGN PORTS, 47 

had become useless on account of injuries sustained by the elements or by battle, 
it was practically nnu-h the same thing to the United States as it' they should 
be fitted out new in these ])orts. 

He told me that the tSumter was in a very bad condition, leaking badly, and that 
if I wen; to allow her to go into dry dock and make all the re])airs she needed 
and wished to make she would hardly get out again, perhaps, before the end of 
the war. I replied that I considered the material benefit or loss to the United 
States, Avhether she was repaired or not, of small comparative moment; the prin- 
ciple was what my government could not assent to. He said that though the 
captain had asked for great repairs, the captain general had replied that the 
vessel could not be repaired, except the barely sufficient to enable her to navigate 
and get to sea again as soon as possible; this was the interpretation put upon the 
third article of the royal decree. I replied that I should very much regret a 
failure to come to a common understanding of this article, which was, as shown 
by its context, a pi'ovision of what should be done in case of a vessel's not 
being able to go to sea in twenty-four hours on account of the state of the 
weather, but not on account of any inability arising from the state of the vessel 
itself. But leaving this article aside, I took ground rather on the broad pro- 
visions of the first article, that no privateer vessel could be fitted out, provisioned, 
or ef|uippcd in any Spanish port, though the Avord repaired was not there; still 
this covered the whole ground of every operation which it was necessary to 
perform on a vessel to prepare her for the sea, and it was practically the same 
to lis whether the vessel were first fitted out, provisioned, and equipped in a 
Spanish port, or if, after her first fitting out, provisioning and equipment had 
become useless, she shoixld the second time be put in condition to continue her 
hostilities against the government of the United States. I asked Mr. Calderon 
if in case the damages of the Sumter had been caused by a conflict with a United 
States man-of-war off Trafalgar, and she had thus been able to get into Cadiz in 
a disabled condition, whether the Spanish government would allow her to be re- 
paired and put again in perfect condition to go out and fire again upon our flag ? 
Mr. Calderon replied that he had no doubt of it ; so far as repairs upon the vessel 
were concerned, the Spanish government could not refuse this to any vessel ; but 
so far as her armament and war munitions were concerned, she could not renew 
or repair them in a Spanish port ; he put the Sumter on the same footing as any 
other of the southern vessels, all of which are pursued by our cruisers ; but it 
was a duty of humanity in Spain to allow them to repair in her ports, and such 
a thing as forcing any mariners to go to sea in an unseaworthy vessel her 
Majesty's government could not do. I replied that the government of the 
United States did not expect Spain to fail to any duty of humanity, nor to force 
any mariners to go to sea in an unseaworthy craft. We had never said anything 
against the merchant vessels of the southern States being repaired in Spanish 
ports, but what I claimed as the right of the United States under the law which 
Spain had imposed upon herself was, that no armed privateer should leave the 
Spanish ports in any other or better condition than she entered them. 

Spain fulfilled all the duties of humanity, affording the crew of a privateer the 
asylum of her ports to save them from perishing at sea. 

If they did not choose to go out to sea again, as they had entered, they might 
stay under the protection of the Spanish flag ; and indeed their ship, if she 
should be sold out of their possession into honest hands, or lea^-e all her arma- 
ment and munitions of war, laying aside all pretensions to being a war vessel or 
a privateer of the so-c;dled Confederate States or of anybody else, returning 
really and honestly to her former condition of a merchant steamer, might per- 
haps be liable to capture by the navy of the United States, but she might then 
be repaired in Cadiz Avithout contravening the royal decree of June 17. 

But the necessary condition of this would be that she should never again go 
out of a Spanish port as a privateer or armed vessel in any sense. 



48 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

]\Iucb converfiation took place at this interview, not directly referring to this 
subject, upon the state of" the question Ix'tween the United States and Knjiland 
upon the condition of tlie armed conflict in the interior of the United States, 
upon the position of the United States in the question of Sau Domingo, and the 
general dispositions of that government towards Spain, and of Spain towards 
the United States. 

As I arose to go I said, " Well, to return to our matter of the corsair steamer, 
it would indeed be sad if tAvo governments, so sincerely desirous to maintain 
good relations as the United States and Spain, should not be able to understand 
each other practically on such a question as whether the Sumter should be 
repaired in a Spanish port or not." 

Mr. Oalderon would certainly give me credit personally for the most earnest 
desire to remove every cause of difficulty or complaint, and it was with this 
view only I took the course I did in this matter. I was well aware this was 
for Spain rather an embarrassing question than one of importance ; but knowing 
the feeling of my own government, 1 could not allow the repaii's upon the Sumter 
to be proceeded with Avithout warning him of the manner in which that course 
would certainly be regarded at Washington. 

He had already seen my telegraphic instructions to the consul at Cadiz, Avhich 
I hoped would be sufficient ; but if not I should feel called upon, under my 
general instructions, to solemnly protest against the whole proceeding, reserving 
for my government to take such ulterior measures as it might think the case to 
require when the President should be informed of all the circumstances. Mr. 
Calderon, however, interrupted me, saying that I could not yet protest ; that 
the government had only ordered a survey of the condition of the Sumter to be 
made by their officers, to see what was her true state ; that the papers would 
not be here until to-day or to-morrow ; that the government, in vieAv of all the 
data which its authorities should transmit, Avould then consider the question, and 
he (Mr. Calderon) Avould then reply to my notes of the 6th and 8th instant ; 
that then I might protest if I should see cause, but not until then. He (Mr. 
Calderon) Avas clear upon one point : that the vessel as a vessel could be re- 
paired, but the subsequent question Avhether she could again sail from Cadiz as 
an armed privateer Avas Avhat must be decided. I immediately assured Mr. 
Calderon that I was in no haste to do anything except to maintain a perfect 
good intelligence and the most pleasant relations betAveen this legation and her 
Majesty's government. 

The manner of the minister throughout this interA'icAv Avas that of a person 
sincerely desirous to aA^oid cause of difficulty betAvcen the tAvo gOA-ernments, and 
the Avhole intervicAv Avas marked by a frank and friendly tone on the part of 
both interlocutors. 

On leaving I cordially shook hands Avitli Mr. Calderon, hoping that a means 
would be found to avoid e\'ery cause of complaint. On returning to my house 
I found the telegram announcing that our consul had entered his protest as in- 
structed. I cannot too much urge upon yoiu* attention the necessity for tAvo or 
three of our fast steaming gunboats in these seas. 

The Sumter is ])artiivlly disabled and unseaAvorthy already, and, Avitli the ad- 
vantage of the electric telegraph through all these coasts, could easily be caught 
or blockaded at Cadiz or elscAvhere. You aa'III remark the telegrams from ^Ir. 
Sprague at Gibraltar. 

Seamen are apt to discoA^er tAA^o corsairs Avhcx*c there is only one, but it is not 
quite clear whether another priA^ateer is not at this moment cruising off the 
straights of Gibraltar. 

With sentiments of the highest respect, your obedient serA'ant, 

HORATIO J. PERRY. 
Hon. William H. Skavard, 

Secretary of State, Washington, 



IlfSURGENT PRIVATEERS IN FOREIGN PORTS. 49 

P. S. — At a late hour I am able to enclose copies of tlie telegrams Nos. 19, 
20, 21, and 22, of to-day. 

The result is still doubtful, though I am afraid something Avill be done to stop 
the leak of the Sumter, more with a view to get rid of her than anything else. 

The press will also make some demonstration on this subject, according to in- 
dications to-night. 

PEERY. 

[Translation of telegram No. 1] 

Official.] Cadiz, January 4, 1862, 11.10 a. m. 

An armed rebel steamer has just anchored. It is thought to be the Nash- 
ville. 

SMITH, Consul. 
The Charge d'affaires of the United States, Madrid. 



[Translation of telegram No. 2.] 

Official.] Cadiz, January 4, 1.40 p. m. 

The steamer is the Sumter. She comes from Rio Janeiro. Has destroyed 
three vessels on the way. Has forty-two prisoners on board. 

SMITH, Consid. 
The Charge d'affaires of the UiXITed States, Madrid. 

[Telegram No. 3.] 

Madrid, January 4, 1862. 

Go immediately to the authorities, that they put in force the royal decree of 
June 17, 1861, with that privateer. 

The government promises me to communicate this order as well. 
The Sumter must free the prisoners, as did the Nashville in Southampton. 
No Spanish authority can permit her either to keep property or prisoners. 

PERRY. 
The Consul of the United States, Cadiz, 

[Telegram No. 4.] 

Madrid, January 4, 1862. 

The rebel steamer Sumter is at Cadiz, just arrived from Brazil. Has de- 
stroyed three vessels, and has forty-two prisoners on board. 

PERRY. 
Adams, Minister of United States, London. 

[Telegram Nos 5 and 6.] 

Madrid, January 4, 1862. 

The privateer Sumter has amved at Cadiz, having destroyed three vessels, 
and with forty-two prisoners on board. 

HORATIO J. PERRY. 
Minister of the United States, at Paris — at Turin. 

H. Ex. Doc. 104 4 



INSURGENT PEIVATEERS IN FOREIGN PORTS. 



[Telegrams Nos. 7 and 8.] 

Madrid, January 4, 1862. 

The privateer steamer Siimtcr lias anchored hi the Lay of Cadiz ; she comes 
from Eio Janeiro ; has destroyed three vessels on her voyage ; has forty-two 
prisoners on board. 

Notifv our captains. 

HORATIO J. PERRY. 

Consul of the Umted States, at Barcelona — at Alicante. 

[Translation of telegram No. 9.] 

Official service.] Madrid, January 5, 11 a. m. 

I have placed those citizens suffering duress under the protection of her 
Majesty the Queen of Spain. Notify the authorities of that port that they 
Avill be held responsible if those persons are permitted to be taken out of their 
iurisdiction Avithout an order to that effect from her Majesty's government. 

HORATIO J. PERRY. 

The CoxsuL OF the United States. 

[Translation of telegram No. 10] 

Official.] Cadiz, January 6, 1A5 p. m. 

The Sumter will be released from quarantine to-morrow. The prisoners will 
be immediatelv delivered up. 

J. SOMERS SMITH, Consul. 
H. J. Perry, 

Charge cf Affaires of the United States. 

[Translation of telegram No. 11.] 

Barcelona, January 5, 1862. 

Despatch received. A single vessel in this port. I am ready for the Sumter. 

JOHN ALBRO LITTLE, 

United States Consul. 
Mr. Horatio J. Perry, 

Charge d' Affaires of the United States. 

[Translation of telegram No. 12.] 

Cadiz, January 9, 1862. 

Prisoners in my possession. Sumter in bay. Has asked dry dock of the 
captain-general. 

E. S. EGGLESTON. 
Mr. Horatio J. Perry, 

Charge d' Affaires of the United States. 

[Translation of telegram No. 13.] 

Madrid, January 9, 1862. 

Protest formally before the captain-general against all kinds of reparation to 
the privateer Sumter, as contrary to the sense of the royal decree of June 17, 
1861, and offensive to the government of the United States. The vessel must 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 51 

leave in the same state in whicli she entered, or else she must abandon her outfit 
as a privateer. 

HORATIO J. PERRY. 
Mr. Eggleston, 

Consul of the United States, Cadiz. 

[Translation of telegram No. 14.] 

Cadiz, January 10, 1862. 

I have protested agreeably to instructions. Sumter in the bay. I shall send 
the results to-morrow. 

E. S. EGGLESTON, 

United States Consul. 
Hon. Horatio J. Perry, 

United States Charge d^ Affaires. 

, [Telegram No. 15.] 

San Roque, near Gibraltar, January 10, 1862. 

Sumter seen yesterday coming, twenty miles southeast of Cape Vincent. 

SPRAGUE. 
Mr. Perry. 

[Translation of telegram No. 16.] 

Madrid, January 10, 1862, 11.30 j9. m. 

The Sumter is at Cadiz. News this afternoon. Give notice if there should 
be another privateer. 

HORATIO J. PERRY. 
Consul of the United States, Gibraltar. 

[Translation of telegram No. 17.] 

Madrid, January 10, 1862. 

Where is the Sumter % What repairs are there % Reply forthwith. 

HORATIO J. PERRY. 
Consul of the United States, Cadiz. 

[Translation of telegram No. 18 ] 

Barcelona, January, 10, 1.862. 
What are the names of the vessels destroyed by the Sumter, and how long 
will she remain at Cadiz ? 

JOHN ALBRO LITTLE, 

Consul of the United States. 
Mr. Horatio J. Perry, 

Charge dAffaires of the United States. 

[Telegram No. 19] 

San ^oyal, near Gibraltar, 11 de Enero de 1862, 2h. 307n. 
Report about Sumter incorrect. She is still at Cadiz. 

SPRAGUE. 
Mr. Perry. 



52 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



[Translation of telegram No. 20.] 

Cadiz, January 11, 1862. 

I do not yet know, officially, whether they will allow the Sumter to itse the 
clock. There i.s a rumor that she Avill enter to-morrow. If tliis happens, I be- 
lieve it will only be to undertake the reparations which are indispensable for the 
security of the crew. 

E. S. EGGLESTON, Consul. 

H. P., Charge, d^ Affaires of the United States. 

[Translation of telegram No. 21.] 

Cadiz, January 11, 1862. 
I have first protested before the military governor, who told me that the civil 
governor is charged with this affair. 

I have just received a communication from the civil governor, in which he says 
that there is no motive in his acts relative to the Sumter upon which I can found 
my protest, and therefore he does not take it into consideration. 

E. S. EGGLESTON, 
United States Consul. 
H. P., Charge d' Affaires of the United States. 

[Translation of telegram No. 22.] 

Madrid, January 11, 1862. 

If there is no repairing of the privateer there is no occasion for the protest, but 
if she is to be repaired, enter again your protest, with firmness. 

As a privateer, that vessel cannot be repaired. As a mercantile vessel, with- 
out arms, there is no qxiestion. She must lay aside her character of privateer 
before she can be repaired, and if she is repaired she can never, according to law, 
leave the Spanish port again, armed and equipped as a privateer. 

Humanity exacts no more than the asylum of the port for the crew. It does 
not ask that they should be again fitted out as corsairs. 

HORATIO J. PERRY. 

Consul y)/" /Ac United States, Cadiz. 



3'Ir. Perry to Mr. Caldcron CoUantes. 

[Tranfilation.] 

Legation of the United States, 

Madrid, January 4, 1862. 

Sir: I have learnol that the armed steamer which has cast anchor in the port 
of Cadiz is the privateer Sumter, Avhich comes from the coast of Brazil, and that 
she has destroyed three vessels on her way, and brings on board forty-two pris- 
oners, peaceable people avIio Avere navigating without arms, under the flag of the 
United States. 

According to the royal decree of June 1 7 last past, no privateer can receive 
assistance in the Spanish ports, nor preserve prize nor prisoners within the Span- 
ish jurisdictiou- 

When the Nashville entered Southampton in like circumstances the English 
authorities obliged her to set at liberty her prisoners, and I am not yet aAvare 
how grave may be the reclamations of my government addressed to that of Eng- 
land on account of what has taken place A\ith regard to that vessel. 

The forty-two prisoners brought within the Spanish jurisdiction at Cadiz are 



INSURGENT rEIVATEERS IN FOREIGN PORTS. 53 

good citizens of the United States, detained against their will, in violation of the 
laws of the United States and of those of Spain, in whose jurisdiction they now 
are. 

I claim, therefore, the protection of the authorities of Cadiz for these citizens 
of the United States, and that they be placed as soon as possible at the disposal 
of the consul of their nation at that port, not consenting that it be pei-mitted to 
anybody to carry away out of the Spanish jixrisdiction these persons without 
crime, and who claim the protection of her ]\Iajcsty the Queen of Spain, unless it 
shall be by express order of the government of her Majesty. 

This occasion affords me the pleasure of repeating to your excellency the 
assurance of my most distinguished consideration. 

HORATIO J. TERRY. 



Mr. Perry to Mr. Cahleron ColJantcs. 

[Translation.] 

Legation of the United States, 

Madrid, January 4, 1862. 

Sir : I beg your excellency to be pleased to order that the enclosed commu- 
nication be placed as soon as possible in the hands of his excellency the judge 
protector of strangers in this kingdom. 

I have the honor to renew to your excellency the assurance of my most dis- 
tinguished consideration. 

HORATIO J. PERRY. 

The Minister of State of her Catholic Majesty. 

Paper cited. 

Excellency : I have the honor to inform your excellency that there are at 
this moment on board the steam vessel Sumter, anchored in the bay of Cadiz, 
forty-two citizens of the United States, according to my information, detained 
against their will. 

I have placed, and do place, them under the protection of her Majesty the 
Queen of Spain, in whose territories they actually are. 

These are not people of war ; neither have they taken, as I suppose, any part 
in the civil contest which unfortunately exists in that republic, but they are 
honest and peaceable citizens, far from their country and its questions, who find 
themselves barred from the protection of their consul in a Spanish port. 

I therefore pray your excellency to make the jurisdiction of the port of Cadiz 
to be respected, and to make to cease all illegal violence towards these citizens 
of the United States, placing them at the disposal of the consul of their nation 
at that port. 

And whilst this proceeding follows its course, I pray your excellency pro- 
visionally to instruct, Avith the promptitude the case requires, the authorities of 
Cadiz not to permit anybody to withdraw by force out of that jurisdiction these 
persons, whose will to remain is manifest, and who are, in fact, already within 
the power and under the protection of the government of her Catholic Majesty. 

Trusting in the energy and good will of your excellency, I take advantage 
of this occasion, with pleasure, to renew to his excellency the Duke of Tetuan 
the' most expressive assurance of my distinguished consideration. 

God guard your excellency many years. 

HORATIO J. PERRY, 
Charge d' Affaires of the United States. 

His Excellency the President of the Council of Ministers, 

Minister of War, Judge Protector of Strangers. 



54 INSUEGENT PRIVATEERS IN FOREIGN PORTS, 

Mr. Perry to his cxceUency the Minister of State of her Catholic Majesty. 

[Translation.] 

Legation of the United States, 

Madrid, January 6, 1862. 

Sir : In coijsequcnce of wliat yoiir excellency said to me in our inten'iew of 
yesterday, to the effect tliat the privateer vessel Sumter had arrived at the port 
of Cadiz, with damages Avhich she wished to repair, I ought to remind your ex- 
cellency that, according to the royal decree of June 17 last past, no privateer 
vessel can be fitted out, provisioned, or equipped in the Spanish ports, Avhatever 
may be the flag which she displays. 

To repair the damages of the Sumter in the ship yards of Cadiz, (putting her 
again in a condition to recommence her cruising on the seas in search of prize,) 
would be a violation, in terms, of this law, and a direct aid furnished to rebel 
citizens against the government of the United States. 

According to article 3 of said royal decree this privateer, who comes with 
hands bloody from the destruction of merchant vessels sailing under the flag of 
the United States, and briuging captives and prize on board, ought not to have 
entered, and cannot remain in the port of Cadiz more than twenty-four hours ; 
but if, from stress of weather, she cannot go out to sea, she Avill be watched by 
the authorities, and may not sell her prize, nor can she receive supplies for more 
than the moment, according to the time she remains in port, but in no way for 
the voyage or cruise which she intends to make. 

But if, on account of damages sustained by the vessel itself, the privateer 
cannot keep the seas, nevertheless the Spanish ports cannot serve her for any- 
thing more than a refuge to save her crew from the shipwreck which threatens 
them, but in no means to fit out their ship anew, putting her in a condition to 
renew her hostilities against the United States, once the elements or any other 
cause have disabled her. 

By the legitimate operation of article first of the royal decree, if by chance 
the crew of a privateer imseaworthy should not elect to take her out to sea 
again in precisely the same condition as when she entered port, in respect to 
everything which is understood by the expressions of to fit out and equip a 
vessel, that vessel Avould have to be sold or rot in port, but the crew would en- 
joy the asylum which they had reached under the Spanish flag. 

Whilst I make these observations upon the signification of the royal decree, 
which has been accepted by my government as practically satisfactory, your ex- 
cellency will not fail to perceive that I refrain from discussing this question in 
its general bearings and according to the right of the United States in their re- 
lations with a friendly power, for I have the satisfaction to say, with sincerity, 
that I do iiot mistrust the action Avhich her Majesty's government proposes to 
take in this matter, but confide entirely in the enlightened judgment and good 
will wdiich it is pleasing to recognize in the actual counsellors of her Catholic 
Majesty. 

In this sense I take advantage of the occasion to rencAv, &c., &c. 

HORATIO J. PERRY. 

His Excellency the Minister of State (f Her Catholic Majesty. 



INSUEGENT PRIVATEERS IN FOREIGN PORTS. 55 

Mr. Pcrnj to his excdlency the Minister of State of her Catholic Majesty. 

[Translation] 

Legation of the United States, 

January S, 1SG:2. 

Sir: I have the honor to transmit to your excellencj the enclosed copies of a 
telegraphic correspondence between the undersigned and the consul of the United 
States in Cadiz, not doubting that the governmimt of her Catholic Majesty -will 
find these instructions in all respect conformed to the legal right established by 
the royal decree of the 17th of June, and that the authorities of Cadiz will pro- 
ceed in accordance with the provisions of the same royal decree. 

Yesterday I had the honor to address your excellency on this same subject, 
not doubting the conduct which the enlightened council of her Catholic Majesty 
proposes to follow, for I understand that no interest moves them to depart either 
from the resolution taken in the royal decree referred to or from that courtesy 
and good understanding with which they are wont to manifest their disposition 
towards the government of the United States, but merely to prevent any mis- 
taken interpretation of their duty by the local authorities of Cadiz in regard to 
the privateer vessel Sumter, thiis avoiding the reclamations, more or less grave, 
which might arise from any misunderstanding on their part. 

And it is in this sense only that I now request your excellency to communi- 
cate to them such instructions as may seem best to the government of her Majesty. 

I take pleasure on this occasion to renew, &c., &;c. 

HOEATIO J. PERRY. 

Telegrams enclosed in the foregoing note. 

[Translation.] 

Cadiz, January 9, 1S62. 
Prisoners in my power ; Sumter in the bay. Has recj[uested the dry dock of 
the captain-general. 

E. S. EGGLESTOX. 
Horatio J. Perry, 

Charge cV Affaires of the United States. 

[Translation.] 

Madrid, January 9, 1863. 

Protest solemnly before the captain-general against all kind of repairs to the 
privateer Sumter as contrary to the spirit and letter of the royal decree of June 
17 and offensive to the government of the United States. The vessel must 
leave in the same state in which she entered, or else she must abandon her outfit 
as a privateer. 

HORATIO J. PERRY. 

Mr. Eggleston, Consul of the JJnited States, Cadiz 



Mr. Smith to Mr. Perry. 

United States Consulate, 

Cadiz, January 4, 1862. 

Sir : I telegraphed you twice this morning, the substance of which I need 
not repeat, as I have your reply. 



56 INSUEGENT PRIVATEEES IN FOREIGN PORTS. 

Immediately on learning that an armed vessel under the rebel flag had anchored 
in this port, I addressed the following communication to the military governor : 

" An armed vessel, under the rebel flag of the southern States, has this mo- 
ment arrived at this port. I expect that your excellency, in accordance with 
the friendly relations existing between the United States and Spain, and in con- 
formity with the royal decree of her Majesty's government, Avill not permit said 
vessel to receive aid or assistance of any kind, and will compel her to leave this 
port within the time specified in said decree," &c., &c., &c. 

In reply, the governor informed me that he had telegraphed to Madrid for in- 
etructions. 

I have this evening received a note from the governor, with a transcript of a 
telegram received by him from the minister of war, by which it appears that the 
civil governor is to receive instructions from the minister of the interior, the re- 
sult of the deliberations of a council of ministers to be held this evening. 

The vessel is at present in quarantine; she has forty- four prisoners on board. 
I shall take charge of them, if she is admitted, and send them to the United 
States by first opportunity. 

These men, I understand, are the crew of three vessels destroyed by her on 
the voyage from Martinique to this port. She is short of coal, and wants to be 
docked, if permission can be obtained, which I shall do all in my power to pre- 
vent. 

I was told by a person that was alongside of the Sumter that the captain in- 
quired of him whether Mr. Ross, the southern commissioner, had arrived at 
Madrid. 

At the same time I telegraphed you this morning I sent a despatch to Mr. 
Adams, at London, so the news is well on the way home. 

I shall keep you advised from day to day. 

I am, very respectfully, your obedient servant, 

JOHN SOMERS SMITH, 

United States Consul. 

Horatio J. Perry, Esq., 

United States Charge, d^ Affaires, Madrid. 



Mr. Smith to Mr. Perry. 

United States Consulate, 

Cadiz, January 5, 1862. 

Sir : I received your telegram, and immediately called upon the military and 
civil governors and read to them your despatch, Avhich I afterwards communi- 
cated to them in writing. They have not yet received the final orders from 
Madrid. 

I think, from all that I can leam, that the Sumter Avill unquestionably be 
obliged to leave this port on sanitary grounds; the only question is, whether 
the prisoners Avill be permitted to land here in quarantine, or not. Should the 
government accede to their landing, they will have to be placed under quaran- 
tine for at least fourteen days in some hulk. 

The Sumter is strictly watched by the authorities, and will only be allowed to 
move as the government at Madrid may determine. 

I was infomied by the civil governor to-day, during an inter\'iew I had with 
him, that he was expecting further instructions from Madrid, the substance of 
which he promised to communicate to me, extra-oflicially. Should I learn any- 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 57 

thing further previous to the sending of this despatch, I Avill add it in a post- 
script. 

I am, sir, very respectfully, your obedient servant, 

JOHN SOi^IERS SMITH, 

United States Consul. 
Horatio J. Perry, Esq., 

United States Charge d' Affaires, Madrid. 



Mr. Smith to Mr. Perry. 

United States Consulate, 

Cadiz, January 6, 1862. 

Sir : I telegraphed you this morning that the authorities of this place, accord- 
ing to their instructions, have decided to admit the Sumter to-morrow, she having 
fulfilled three days required for quarantine, the prisoners to be handed over to 
this consulate. They consist of the crews of the ship Vigilant, bark R. W. M. 
Dodge, and schooner Arcade, at least as far as I can learn. 

Mr. Eggleston having received permission to act, will take charge of this con- 
sulate to-morrow. 

I am, very respectfully, 

JOHN SOMERS SMITH. 
Horatio J. Perry, Esq., 

United States Charge d^ Affaires, Madrid. 



Mr. Little to Mr. Perry. 

United States Consulate, 

Barcelona, January 5, 1862. 
Sir : Your telegram of last evening reached me at 7 o'clock this morning, and 
I replied to you by telegi'aph, acknowledging the receipt of the same. 

I went immediately to the port, and was fortunate enough to prevent the 
American schooner General Knox from leaving, as I had cleared her yesterday 
morning for Cadiz ; she was just ixpon the point of getting tip her anchor. 

Will you please inform me the exact ground which the Spanish government 
has taken in regard to allowing privateers to enter within her ports 1 

I have called vipon the captain-general, the commandante de marine, and the 
captain of the port, to be informed if the privateer Sumter would be allowed to 
enter the port of Barcelona for coal or provisions. They do not seem to be able 
to inform me what course they would pursue, but they assure me that all possi- 
ble assistance shall be afforded me on such an occasion. 

I have communicated your despatch to my consular agent at Tarragona, and 
instructed him to use the greatest care to prevent the Sumter from entering at 
that port. 

Everything in my power shall be done to assure the safety of shipping, and I 
shall communicate freely with you upon this and other subjects. 
Your obedient servant, 

JOHN ALBRO LITTLE, Consul. 
Horatio J. Perry, Esq., 

Charge d' Affaires, United States Legation, Madrid. 



58 INSUEGENT PEIVATEERS IN FOREIGN PORTS. 



Mr. Sprague to Mr. Perry. 

Consulate of the United States, 

Gibraltar, Jamiary 5, 1862. 

Dear Sir : A telegram has tliis evening been received by a commercial 
house here from Cadiz, of this mornmg's date, at 9.40, as follows : 

" Cruza por estas aguas un vapor Americano del snr." 

I in consequence have telegraphed you as below, also to owy legation at Paris 
and London, and have addressed our consuls at Malaga, Bai'celona, and Tangier, 
so that they may inform our shipmasters and others concerned in the American 
trade and navigation as to what is going on. 

The appearance of two federal gunboats in these waters would be very de- 
sirable for the protection of American property. 
Yours, truly, 

HORATIO J. SPRAC4UE. 
Horatio J. Perry, Esq., 

Charge d' Affaires of the United States, Madrid. 

[By telegraph.] 

It is stated that a steamer from the south is cruising in the waters of Cadiz. 

SPRAGUE. 
Mr. Perrv, American Legation, Madrid. 



Mr. Seward to Mr. Perry. 



No. 6.] Depart]\ient of State, 

Washington, February 4, 1862. 

Sir : Your despatch of January 8 (No. 21) has been received. 

Y'^ou will express to Mr. Calderon Collantes the satisfaction with which the 
President has learned that the American citizens carried as despoiled and plun- 
dered captives into the port of Cadiz by the insurgent pirates were restored to 
the protection of our flag. 

I suspend further instructions concerning the admission of the Sumter into 
Cadiz until the final decision of the government concerning her demand to be 
allowed to repair shall be known. Meantime I trust Mr. Calderon Collantes 
will not think it unreasonable on my part when I ask the Spanish government 
to consider whether the toleration shown to the insurgents as a belligerent has 
not already been proved as injurious to the general interests of commerce and of 
civilization as it was unnecessary. 

Why should we be obliged to send ships-of-war to protect our commerce in 
European waters against insurgents who have neither possession of nor control 
over a single outlet from our own coast 1 

Would Spain think herself justly treated if we should harbor buccaneers 
escaped from Havana or Porto Rico ? 

This toleration of pirates, sufficiently unreasonable when extended by other 
powers, seems of all others most unnatural on the part of Spain. Whose com- 
merce suffers but that of the American people 1 Why does it suffer this out- 
rage ? Because the American people refused their sanction to the attempts of 
those who now are the insurgents to divest Spain of her island colonics in the 
Caribbean sea. If this insurrection could prevail and become an independent 



INSURGENT PRIVATEERS IN FOREIGN TORTS. 59 

maritime power, how lonj;' Avould those islands, so dear to Spain, be safe against 
the renewal of the rapacity which we have rebuked at the cost of attempted 
revolution ? Why shall not Spain, emulous of a new and beneficent and glo- 
rious career, seize the pre-eminence of being the first of the maritime powers to 
retrace the hasty step of last June, and close her poi'ts against those who are 
exasperated against their om'u government because it Avill not lend itself to their 
own e\nl aggressive designs against Spain and their war against human nature ? 
I am, sir, vour obedient servant, 

WILLI.Or H. SEWARD. 

Horatio J. Perrv, Esq., S^v., S^-c, S^-c, Madrid. 



Mr. Pcrri/ to Mr. Seward. 

No. 23] Legation of the Uxited States, 

Madrid, January 18, 1862. 

Sir : I have the honor to enclose the note of Mr. Calderon Collantes in reply 
to mine of 4th, 6th, and 8th instant, on the subject of the privateer steamer 
Sumter. 

This vessel left Cadiz last evening, having been peremptorily ordered out of 
the port by the military authorities of the plae. 

She was in dock only two days, and the newspapers say the repairs made 
upon her cost in themselves only seven dollars, being simply to stop a leak near 
the shaft of the screw. I have reason to believe that the firm stand made by 
this legation against permitting any the least repairs to this vessel whilst she 
preserves her character of an armed privateer have been effective to prevent the 
work which the corsair came into Cadiz to get done, though I regret it was not 
sufficient to send him out precisely as he came, or stop his piratical career at 
once. 

I have time only by this mail to enclose a copy of my note of to-day to Mr. 
Calderon, in the original Spanish, but will send a translation to-morrow in hopes 
it will reach Liverpool in time for the mail steamer which bears this. 

T enclose also copies of eight telegrams which have passed since my last 
despatch on this subject, (No. 21,) and have the honor to remain, 
Sir, your obedient servant, 



HORATIO J. PERRY. 



Hon. William H. Seward, 

Secretary of State, Washington. 



Translation of telegrams — At?. 1 to No. 8, inclusive. 
[Telegram No. 1.] 

San Roque, {near Gibraltar.) 
Until now Sumter only privateer in these waters. 

SPRAGUE. 
Mr. Perry, Madrid, January 12, 1862. 

[Telegram No. 2.] 

Cadiz, January 13, 1862. 
Six of the crew of the Sumter, citizens of the United States, ask my protec- 
tion, alleging that thev are detained against their will. 

E. S. EGGLESTON. 
The Charge d'affaires of the United States. 



60 INSURGENT PRIVATEERS IN FOREIGN PORTS, 

[Telegram No. 3.] 

Madrid, January 13, 1862. 

Grant yoiir protection to every citizen of tlie United State?, proAddecl he takes 
an oath of fidelity to the Constitution and the government. 

HORATIO J. PERRY. 
CoASUL of the United States, Cadiz. 

[Telegram No. 4.] 

Cadiz, January 15, 1862. 
The Sumter entered into dock on Monday morning. I protested, agreeably 
to instructions. To-day she comes out of dock after being repaired. 

E. S. EGGLESTOX, Consul. 
Charge d'affaires of the United States. 

[Telegram No. 5 — in English.] 

Madrid, January 15, 1862. 
Siunter in dock at Cadiz, badly injured. Send us a -war steamer. 

HORATIO J. PERRY. 
His Excellency the Mimster of the United States, London. 

[Telegram No. 6.] 

Madrid, January 18, 1862. 
Where is the Sumter ? Tell me by telegraph what course she takes. Send 
me a written account of all they have done to her. 

HORATIO J. PERRY. 
Consul of the United States, Cadiz. 

[Telegram No. 7.] 

Cadiz, January 18, 1862. 
The Sumter sailed at five o'clock yesterday afternoon. I am preparing a 
copy of my correspondence Avith the authorities, and of all my proceedings. 

E. S. EGGLESTON. 
The Charge d'affaires of the United States. 

[Telegram No. 8.] 

January 17, [19,] 1862. 

What course did the Sumter take? What supply of coal has she? This is 
important. 

HORATIO J. PERRY. 
Consul of the United States, Cadiz. 



Mr. S. C. Collantes to Mr. Perry. 

[Iranslation.] 

Palace, January 13, 1862. 

Sir : I have had the honor to bring to the knowledge of her Catholic Majesty 
the Queen the notes which you have thought proper to address me of the 4th, 
6th, and 8th instant. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 61 

In the first you claimed the protection of the authoritief? of Cadiz for the 
citizens of the United States condemned on board the steamer Simiter, armed as 
a privateer, and coming from the south, and whicli entercnl that port in distress. 

You ask(>d at the same time that her Majesty the Queen sliould receive the 
said pi-isoners under lier protection, and that they couhl not be taken from 
Spanish jurisdiction unh^ss by an express order of the government. 

In all these ])articulars the wishes you express have been satisfied, since, ac- 
cording" to official communications from the civil governor of Cadiz, passed to 
the ministerial by that of the interior, the prisoners are already at the disposi- 
tion of the consul of the United States in that port. 

The government of the Queen could not with indifference see prisoners of a 
friendly countiy remaining on board of a privateer, and from that moment they 
hastened to give them all the protection which they had a right to demand, 
placing them under the control of the consul of their nation. 

Thus I had the honor to explain to you by agreement of the government of 
her Majesty, and you having made no observations, and much less reclamations 
against the aid which necessity might demand should be given to the Sumter 
according to the terms of the royal decree of June 17, this affair seemed to have 
ended satisfictorily, and also according to the desires and sentiments by Avhich 
both governments are animated. 

Notwithstanding, on the 6th January, at a very late hour of the evening, you 
thought proper to address me another communication, in which, afiirming that, 
according to the royal decree of June 17, no privateer could be armed, receive 
supplies, nor be equipped in Spanish ports, whatever might be the flag which 
she hoists, you hold that the reparation of damages in the ship yards of Cadiz, 
putting her again in a state to cruise the seas in search of prizes, would be a 
marked violation of the said royal decree and a direct aid lent to rebel citizens of 
the United States. 

You cite in support of this opinion the 3d article of the royal decree, and 
maintain that the Sumter, carrying prize and captives on board, should not have 
entered and cannot remain in the port of Cadiz more than 24 hours. 

According to your opinion, if the vessel, on account of damages, is not able to 
go out to sea, she will be watched by the authorities, and cannot receive supplies 
(of provisions) for more than the moment, but in no case for the voyage or the 
cruise she intends to make. 

You continue to observe in your note that the Spanish ports cannot serve a 
privateer for more than as a shelter to the crew, and in no case to arm her and 
put her in condition to continue her hostilities. 

Bringing the consequences of this reasoning to their extreme limit, you bring 
forward the opinion that according to article 1 of the royal decree, if the crew of 
a damaged privateer should not think proper to take her out to sea again exactly 
in the same state in which she was when she entered the port, she would be 
obliged to be sold or else rot in the same, the crew profiting by the asylum which 
they had found under the Spanish flag. 

You consider that these opinions are so exact, and in accordance with the de- 
cree of June 17, accepted with so much satisfaction by your government, that 
you abstain from discussing the qiiestion in its general bearings, confident that 
the action of the government of her Majesty, in whose good will you recognize, 
will be guided always by the principles which it has expressed. 

In the last note of the 8th January, transmitting me a copy of the despatch 
of the consul of the United States at Cadiz of the 9th instant, in which he informs 
you that the prisoners of the Sumter are in his poAver, and of a dry dock hav- 
ing been asked for of the captain-general of the department, and besides, of the 
instructions comuuuiicated by yourself to said consul to protest against all repara- 
tion of the vessel as contrary to the spirit and text of the royal decree of June 17 
and offensive to the government of the United States, you ask that orders be given 



62 INSURGENT PEIVATEEKS IN FOREIGN PORTS. 

to the authorities at Cadiz to avoid any error wliich iniglit give place to rccla- 
matiouf^ more or less serioiis. 

I should have replied with all punctuality to your notes, tlie contents of which 
I have just looked over, if in the conferences which I have had with you I had 
not had the opportunity of manifesting- the opinions of the government of the 
Queen on the true signification of the royal decree of the 17th June, and its 
opinion respecting the above question Avhen the affair produced by the arrival of 
the Sumter in distress in the port of Cadiz with prisoners of the United States 
seemed settled in a satisfactory manner. 

Since by the foregoing you have thought it your duty to give to the consul of 
your nation in Cadiz an order to protest against all reparation of damages of the 
Sumter, considering what is due to the rights of the United States, I must also 
give in writing my answer to your communications, to avoid all misunderstand- 
ing, and continiie in the system which all accredited representatives of her Ma- 
jesty the Queen have adopted, of stating in this form the ideas and impressions 
of the government upon all questions and the difficulties which they bring with 
them, or Avhich, existing beforehand, demand a prompt discussion. 

The government of the Queen determined in the royal decree of June 17 
the line of conduct which it proposed to folloAv in the unfortunate contest above 
named in the United States, the dispositions of which were received by the cab- 
inet at AVashington with visible manifestations of appreciation and satisfaction, 
in accord in every way with the principles which Spain professes on points of 
maritime right, and to the sentiments which ahvays have animated her regarding 
the United States, it cannot give place to a conflict or difficulty of any kind, 
really serious. 

It would, perhaps, suffice to raise misunderstanding or interpreting equivocally 
the articles of the royal decree, but each one of them contains dispositions so 
precise and independent among themselves, that it is sufficient to hold to view 
that which refers to a particular question, to resolve it without consulting the 
rest. 

The article 1st, \\hich you cite in your note of the 6th instant, is not applica- 
ble to the case of the Sumter. That refers to the arming, supplying, and equip- 
ping, of a vessel to go to sea for the first time, with the intention of acting as a 
privateer, and all the operations indicated are by it expressly prohibited. 

It Avould be in effect a violation of the principle of neutrality, to authorize the 
arming of privateers in the ports of any nation which had declared itself neutral. 
It would be equally a violation to consent that the captains of merchant vessels 
grant letters of marque or contribute to the armament or equipage of vessels of 
war or corsairs, but at this point terminate all the prohibitions which the gov- 
ernment of the Queen thought necessary, in order that the said Spanish should 
remain completely apart from the civil contests which afflict the United States. 

Neither to arm, supply, or equip, nor obtain letters of marque, nor contribute 
to the armament and equipage of vessels-of-Avar or privateers, are acts per- 
mitted in the ports of Spain, nor to the proprietors and captains of merchant 
vessels. 

The third article refers to another order of deeds, and therefore contains reso- 
lutions entirely independent of the foregoing. A vessel-of-war or privateer can 
enter into a neutral port voluntarily or by necessity. In the first case only to 
r(!main twenty-four hours in the port, holding prize. 

In the second, that is, that of necessity, the vessel should go to sea the soonest 
possible, and the authorities will watch her to oblige her to it, without permitting 
her to take in more supplies than are necessary for the moment, but in no case 
of arms or munitions. 

Damages to a vessel (arribada forzosa) then justifies her stay in port all the 
time necessary to put her in a state to return to sea, and the royal decree only 



INSUEGENT PKIVATEERS IN FOREIGN PORTS. 63 

prohibits that she take iu supplies of arms, of muuitions, or objects of subsist- 
ence more than are necessary for the moment. 

To condemn, as you claim it is disposed by the article mentioned, any vessel- 
of-war or privateer to go to sea in the same state in which she was Avhen she en- 
tered the port, or that she rot, or that the captain sell her, would be to render all 
the dispositions by Avhich civilized nations govei'n themselves completely use- 
less, and to oblige neutrals to refuse to misfortune the shelter and the protection 
which humanity reclaim. 

When a vessel has suffered damages, which make navigation impossible, to 
oblige it to leave the shelter which it has found is to suppress the right of asy- 
lum ; it is placing before the neutrals the repugnant obligation of bringing inevi- 
table shipwreck to the vessels which have sought with them a protection which 
can never be denied to misfortune. 

One does not notice, when this occurs, either the flag Avhich the vessel hoists 
or the cause which its crew defends. It is a question purely of humanity, and 
no people can forget the sentiments which it inspires or the duties which it de- 
mands. 

Fulfilling these, one does not infringe neutrality, because equal aid, equal pro- 
tection, and equal consideration is conceded to all vessels, wherever they may 
come from. 

It is not correct, for the same reason, that a vessel entered into a port from 
distress cannot remain in it more than twenty -four hours ; if she has come with 
prize, she will be obliged to free the prisoners, but she will have the right to re- 
pair her damages without being permitted to acquire new means of making her 
cruise as a privateer. 

Such are the dispositions of the royal decree of the 17th June, and their ap- 
plication to the Sitmter has been strict and severe. 

The captain of that vessel asked for reparation in her upper works and in her 
decks, but after a scientific survey, scrupulously executed, it was fovmd that such 
reparations were not necessary, and only those which Avere justified by an im- 
perious necessity have been authorized. 

The order has also been given that an immediate and incessant vigilance be 
kept up over the Sumter, and the authorities of Cadiz have for this appointed 
one of the coast-guard vessels of that department. 

In this way the Sumter will not be able to supply herself with arms or ammu- 
nition, supposing that she need them, nor with the means of subsistence more 
than Avhat is necessary for the moment, and, repairing the damages that she may 
be able to navigate again, she will be obliged to leave immediately afterwards. 
Not arming and equipping herself, then, for the first time to go to sea, having no 
need to disami to be repaired, and this would be the most extreme case, there 
can be no doubt that article one of the royal decree on neutrality is not appli- 
cable to the Sumter, and that this case is only comprehended in the dispositions 
of the third, the signification and object of which I have had the honor to de- 
fine. 

I judge that these explanations will convinces you and your government, to 
whose knowledge they should be brought, that the government of her Majesty 
has restricted itself closely to the prescriptions of the royal decree upon neu- 
trality, and that thus no protest made against the acts and measures virtually 
accepted beforehand for such cases by the said government of the United States 
can be considered admissible. 

I take this opportunity to renew to you the assurance of my most distinguished 
consideration. 

S. CALDERON COLLANTES. 
The Charge d'affaires of the United States. 



64 INSURGENT PEIVATEERS IN FOREIGN PORTS. 



Mr. Peny to Mr. Scumrd. 

No. 24.] Legation of the United States, 

Madrid, January 19, 1862. 

Sir : The privateei' Sumter left Cadiz tlie night of the 17th instant. Until 
this happened I did not wish to send in my reply to Seiior Oalderon's note of 
the 13th instant, a copy and translation of which were transmitted yesterday, 
lest some new incident might occur to vary the tone of my own note. 

Having learned by telegram from the consul at Cadiz the departure of the 
corsair, I have sent in my note dated yesterday, and beg now to refer the Avhole 
business to your superior judgment. The copy and translation of my note are 
enclosed, and I hope will be approved. I ought to say, perhaps, that if it had 
not been for the example of what had taken place with the Nashville in an 
English port, I am confident that the Sumter would have been forced to go to 
sea from Cadiz as she came. 

It is evident that very little was alloAved to be done to her. 

You will notice the telegrams of last evening and of this morning. It seems 
that this steamer destroyed two more vessels in the Straits of Gibraltar yes-- 
terday, and brings in their crews prisoners to that port. 

When will a federal man-of-Avar appear in those seas ] 
With the highest respect, sir, your obedient servant, 

HOEATIO J. PERRY. 

Hon. William H. Seward, 

Secretary of State, Wasliington. 



B. 

Mr. Perry to Mr. Collantes. 
[Translation.] 



Legation of the United States, 

Madrid, January 18, 1862. 

Sir : Your excellency's note dated the 13th instant reached me the 14th, in 
the evening, and I now have the pleasure to repeat my appreciation of the 
humane and satisfixctory action of her Majesty's government in the matter of 
the prisoners brought within Spanish jurisdiction by the privateer vessel Sumter. 

I had this honor previously, in the interview which took place on the 6th 
instant, when it appeared to your excellency, according to this note, that the 
affair of the Sumter has terminated satisfactorily, as I had made formally no 
observations, mucli less reclamations, about the aid which necessity might exact 
should be furnished to that vessel. 

In fact, it was precisely at this same interview that your excellency informed 
me, for the first time, that the captain of the Sumter had asked for aid for his 
vessel in the port of Cadiz, without indicating the determination which her 
Majesty's government proposed to take in the matter. 

On the 4th January, (the day on which the Sumter anchored in the port of 
Cadiz,) your excellency had assured me that the government of her Majesty 
would not deviate from the provisions of the royal decree of June 17 for such 
cases. 

I ought to be, and in fact Avas, satisfied with this declaration, until, in the 
interview of the 6th instant, your excellency introduced the question of repairs 
to this vessel in the way I have just stated. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 65 

Then, in orclei* to prevent any difference of opinion aei to liow tlie law refen-ecl 
to ought to be applied in this case, I thought it my duty to lay before your 
excellency, in my note of the 6th instant, some observations upon the sense or 
interpretation of the royal decree of June 17 — a sense in whicii that decree was 
practically satisfactory to the United States, and Avhich thus made unnecessary 
any discussion of the international rights which, before the publication of that 
decree and always, belong to the United States in their relations with a friendly 
nation. 

Without replying to those observations, as yet, in writing, nor to my commu- 
nication of the 9th instant, (dated by mistake the 8th,) in which I enclosed to 
your excellency a copy of the instructions sent to the United States consul in 
Cadiz the same day, your excellency did me the honor to invite me to meet you 
at the DepartuKuit of State in the evening of the 10th instant, and informed me 
verbally of what you now confirm in your note — that the interpretation given 
by the government of her Majesty to the articles of this royal decree was 
essentially different from that which, in the opinion of the undersigned, they 
ought to have, and consequently that the resolution taken by the government in 
regard to repairing the Sumter was distinct from that which the undersigned 
was glad to expect. 

Meantime the consul of the United States protested on the 10th instant, before 
the authorities of Cadiz, against the granting of that aid which the privateer 
demanded, and, not being heard, protested again on the 12th instant, according 
to instructions which he received from this legation, of which a copy is enclosed. 

On the 13th instant the Sumter entered the dry dock of the government navy 
yard at Cadiz. 

These being the facts, and the rights of the United States being reserved by 
the protest of their consul in Cadiz, the question arises, whether the disagree- 
ment which I have just stated rehitive to the interpretation of the royal decree 
of neutrality, and in respect to aid furnished in Cadiz to rebel citizens of the 
United States occupied in making war upon their government, denotes any 
change of policy on the part of the government of her Catholic Majesty towards 
that of the United States, or indeed the intention to favor their enemies to the 
prejudice of the sovereignty of the government of the United States over every 
part of their territories, whether in peace or war, and over all their citizens, 
whether loyal or disloyal. 

For it is one thing that the government of Spain, taking knowledge of the 
existence of a civil contest within the United States, should have declared that 
Spain wishes to maintain complete neutrality, neither taking, nor permitting her 
subjects to take, any part in that contest; and it would be quite another thing 
that, within the jurisdiction of this kingdom, aid should be given to the rebel 
citizens of the United States in refitting such of their privateer vessels as become 
useless, and putting them again in condition to carry on an odious war against 
unarmed vessels navigating under the flag of the United States. 

And here I must confess that your excellency's note comes in to modify 
greatly the possible signification of the facts, considered apart from this frank 
and. loyal explanation. 

Your excellency has believed that what has been done with the Sumter was 
exacted by the supreme considerations of humanity, and that to condemn this 
privateer not to be repaired in a Spanish port would be to make useless all the 
measures by which civilized nations are governed, and to oblige neutrals to re- 
fuse to misfortune that asylum and protection which humanity claims. 

And your excellency proceeds to make some observations upon the sacred 
duty of humanity, in which I take pleasure to say that I find myself completely 
agreed with your excellency, notwithstanding that their application to the case 
in question is not easy for me to understand. 

Your excellency says that when a vessel has suffered injuries which make it 
H. Ex. Doc. 104 5 



CG INSURGENT PRIVATEEES IN FOREIGN PORTS. 

impossible for lier to navigate, to oblige her to leave the shelter -which she has 
attaiiiofl is to suppress the right of asylum, is to impose upon neutrals the re- 
])ujinant duty of delivering over to inevitable shipwreck those vessels which 
have sought with them that protection which is never denied to misfortune. 
And upon this, indeed, no debate is possible. But if by chance this indicates 
that your excellency has supposed that this legation or the consulate at Cadiz, 
wliich has probably acted according to the instructions, of which a copy goes 
enclosed, have pretended to any such proceeding on the part of her Majesty's 
government, I must hasten to correct so mistaken an apprehension. 

The undersigned has claimed only that this corsair, who comes with bloody 
hands from the horrible scenes of piracy, in which he has destroyed our unarmed 
and peaceful vessels, should be forced to choose between keeping the asylum 
and the shelter of the port where he was already secure from shipwreck or to go 
away as he had come, but that there shoidd not be furnished to him that aid 
which he was seeking, not to save himself from shipwreck, seeing that he was 
already in safety, but really in order to recommence his piratical exploits on the 
high seas. 

The nndersignea explained to your excellency, in the interview of the 1 0th 
instant, (and the enclosed instructions of the 11th instant to the consul at Cadiz 
correspond to this,) that in his opinion even the repairs which the vessel Sumter 
demanded might be made, but on condition that she should lay aside her arma- 
ment as a privateer, and that if she should be repaired she could iiot be per- 
mitted to go to sea again from a Spanish port armed and equi})ped as a privateer; 
and this opinion, which in no way conflicts with humanity, and takes away 
nothing from that protection which is never denied to misfortune, the under- 
signed founded upon the provisions of the royal decree of June 17. 

That decree says nothing, and therefore alters nothing, relative to the opera- 
tions which it is lawful to perform upon unarmed vessels in the Spanish ports, 
and jiTst as little would the government of the United States ever make 
question of the aid furnished to their unanned vessels, whether the crews be 
loyal or disloyal. But the first article of said royal decree prohibits in terms to 
fit out, provision, or equip any privateer vessel in a Spanish port. 

Your excellency says that this article is not apj)licable to the case of the 
Sumter, and it is true that the Avord to repair is not found in its text; but as 
your excellency recognizes that the terms employed embrace all the operations 
Avhicli are performed in order to prepare a vessel for sea, it is not necessary that 
it should be there, since no privateer vessel can be repaired Avithout falling within 
the terms of the prohibition to fit out, provision, or equip that vessel. And 
practically it is of little importance to the United States that this be done for 
the first or the second time; at no time is what the imdersigned has considered 
would be proper and conformable to that strict neutrality wliich it is the jiurpose 
of her Catholic Majesty's government to maintain. 

But whatever be the interpretation given by her Majesty's government to the 
royal decree upon neutrality, of its good faith, in view of your excellency's 
note, I make no doubt. The merely material fact of whether the vessel Sumter 
is repaired or is not repaired in Cadiz, as also whether the Avork done upon her 
is much or little, can never have more than a secondary importance. 1 he prin- 
ciple involved in the act is Avhat chiefiy interests my government. 

And in this vicAV I take pleasure to repeat that the tone and general significa- 
tion of your excellency's note, and the declaration Avliich I find in it, that Avhat 
has been doiu' Avith the Sumter is conapletely devoid of the intention to infringe 
the neutrality Avliich her JVCajesty's government purposes to pursue in the pain- 
ful contest Avhich exists in the interior of the United States, confirmed also by 
the extreme A'igilance and care manifested by the authorities of Cadiz to pre- 
Aent the Sumter from augmenting her arms and nuniitions of Avar in that poi't, 
as -wqW as by other facts indicative of the good a\ ill Avhich has actuated the 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 67 

government of Iwr Catliolic Majesty; those all are considerations and circuni- 
stauces which the nndersigned will call to the attention of his government with 
sincere satisfaction, cherishing also the not unfonnded hope that they will merit 
from the I'resident of the United States a reception in all rcs})ects conformable 
to the kind and friendly sentiments Avhich the government of Washington is 
accustomed to manifest always in its relations with that of her Catholic Majesty. 
At the same time your excellency will permit me to cherish the hope that, having 
in view the position which the government of the United States occi;pies rel- 
atively towards the government of her Catholic Majesty and towards its own 
rebel citizens, on reviewing the terms of the royal decree of the 17th of June, 
your excellency will perceive the propriety that what has happened with the 
Sumter in respect to repairs, although its good intention be evident, should not 
serve as a precedent for future cases. 

As I now refer all the circumstances of this case up to the superior apprecia- 
tion of my government, it is Avith pleasure that I anticipate the expressive mani- 
festation of its sense of the courtesy and energy of her Catholic Majesty's gov- 
ernment in delivering over the privateer prisoners to the protection of their 
consul in Cadiz. 

I avail myself of this occasion to renew to his excellency Don Saturnino Cal- 
derou Collantes the assurance of my most distinguished consideration. 

HORATIO J. PERRY. 

His Excellency the Minister of State 

Of Her Catliolic Majestij. 



[Translation of telegram.] 

Madrid, January 11, 1862. 

If the privateer is not repaired, there is no occasion for the protest ; if she is, 
protest again with lirmness. 

As a privateer, that vessel cannot be repaired ; as a merchant vessel, there is 
no question. 

She must lay aside her character of a privateer before she can be repaired ; 
and if she is i-epaired, she can never, according to law, leave the Spanish port 
again armed and equipped as a privateer. 

Humanity exacts no more than the asylum of the port for her crew ; it does 
not demand that she should be fitted out again as a privateer. 

HORATIO J. PERRY. 

The Consul of the United States, Cadiz. 

[Translation of telegram No. 1.] 

Cadiz, January 18, 1862. 
The Sumter took course towards the straits. 

According to instructions left with their bankers, as soon as the latter receive 
the funds which they expect they Avill notify them of it by telegraph to Gib- 
raltar. 

She has only coal enough for two or three days, and has not been able to buy 
any here for want of funds, and not having found any one who Mould trust them. 

E. S. EGGLESTON. 
The Charge d'affaires of the United States. 

[Translation of telegram No. 2] 

January 18, 1862. 
The Sumter left Cadiz yesterday, making course towards the straits. 

HORATIO J. PERRY. 
The Consul of the United States, Alicante. 



68 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

[Tran.«lation of telegram No. 3.] 

January 18, 18G2. 
The Sumter left Cadiz yesterday, making course towards the straits. Tell 
me if she has been seen in those parts. 

HORATIO J. PERRY. 
The Consul oftlie United States, Gibraltar. 

[Translation of telegram No. 4.] 

January 18, 1862. 
A steamer, supposed to be the Sumter, has been seen to-day from the rock, 
with two vessels in tow. 

SPRAGUE. 
Seiior Perry, United States Legation. 

[Translation of telegram No. 5 ] 

San Roque, 
Near Gihraltar, January 19, 1862. 

The vessel thought to be the Sumter is making her course westward at two 
o'clock this afternoon. 

SPRAGUE. 
Seuor Perry. 

[Translation of telegram No. 6.] 

San Roque, 
Near Gihraltar, January 19, 1862. 

Sumter arrived here last night with crews of two vessels captured. Detail? 
later. 

Mr. Perry. 

SPRAGUE. 

[Telegram No. 7 .] 

Gibraltar, San Roque, January 19, 1862. 

Bark Neapolitan, of Kingston, destroyed by Sumter ; captain and crew safe 
in my charge. 

Bark Invei^tigator, of -Searsport, permitted to proceed to England ; cargo being 
British, captain giving bond for eleven thousand dollai's. 

Sumter at anchor here. 

SPRAGUE. 

Mr. Perry. 



ISIr. Sevjard to Mr. Veny, 



No. 13.] Department op State, 

Washington, February 24, 1862. 
Sir: Your two despatches of January 18, No. 23, and January 19, No. 24, 
have b(^cn received. They give us a full account of the proceedings which oc- 
curred at Cadiz and at Madrid on the occasion of the intrusion of the disunion 
pirate ship Sumter into the port of the former city in an interval of rest from 
her depredations upon American commerce. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 69 

Your own measures in tliat affiiir are fully approved. 

Although we have continually protested against, and do not now acquiesce in, 
the decision of the Spanish government to treat the insvxrgents as a belligerent, we 
have n(>vcrtheless not made it a cause for breaking ancient friendly relations 
with that power. You Avill therefore say to Mr. Oalderon Collantes that, regard- 
ing the transaction in the case of the Sumter in its connexion with tlu; aforesaid 
decision, this government is impressed very favorably by the prom])tness and 
fidelity manifested by the government of Spain in dismissing the pirate from her 
port to the proper perils of the wrongful career in which she had engaged. In 
making this connnunication you cannot express yourself too emphatically con- 
cerning the confidence which we repose in the friendship of Spain. 

Having dispos(>d of that subject, you will then inform Mr. Oalderon Collantes 
that in the view of this government it ought now to be manifest to the whole 
world that the decisions which Avere made by Spain and other powers during 
the last year, attributing a lawful belligerent character to the American insur- 
gents, were premature and unnecessary ; and that while they have proved very 
injurious to the United States, by infusing delusive hopes into the councils 
of the insurgents, they have also pi-oved scarcely less injurious to other com- 
mercial and maritime nations by the derangement of systems of production, 
manufticture, and exchange, in which all these nations are deeply concerned. 
The credit of the insurgents, feeble as it is, rests altogether upon their vague 
hopes of recognition as an independent state as a complement to their recogni- 
tion as a belligerent power. Their strength, broken and shattered as it already 
is, has no self-sustaining element. Continued recognition as a belligerent is, 
therefore, indirect intervention, which requires on our part a continuance not only 
of our direct military and naval operations against the insurgents, but also of 
those indirect restrictive measures which, A\'hiie exhausting the insurgents, bear 
hardly at the same time upon the interests of those who call themselves neutrals, 
while we ourselves insist upon regarding them as friendly powers. 

The President therefore expects that the states which have, as we think so 
unwisely, recognized the insurgents will, in view of the events which have oc- 
curred here indicating the decline of the insurrection, reconsider their decisions, 
and cheerfully resume their former attitude toM'ards the government and people 
of the United States. Representations, in all material respects, similar to these 
will be made by us to other maritime and commercial powers. 

It is believed here that the European states especially have heretofore misun- 
derstood the real strength and power of this government, and the real sentiments 
and policy of the American people, but that they will now cheerfully reverse the 
judgments of which we have not more cause to complain than they have to la- 
ment. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

Horatio J. Perry, Esq., 8)V., S)V., Madrid. 



Mr. Perry to Mr. Seward. 



No. 29.] Legation of the United States, 

Madrid, February 1, 1862. 

Sir: The series of your despatches to Xo. 63, inclusive, addressed to Mr 
Schurz, is complete in this legation, and their contents duly noted. Also your 
despatch without number, dated January 14, in reply to my own of December 
21, (No. 15,) has just reached me, and the confidence manifested towards me 
by the President calls for my humble thanks. 



70 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

In my despatch No. 26, of Januaiy 2G, I informed yon that Captain Burditt, 
of the American hark Neapolitan, destroyed hy the Sumter in the Straits of 
Gihraltar on the 18th January, had protested before our consul at that port that 
his vessel had been boarded and seized Avithin the marine league from the Span- 
ish establislunent of Ccuta, on the coast of Morocco. Documents relative to this 
subject Avere promptly sent me by the consul, and the same evening- (January 
25) I had an opportunity to communicate their import to the prime minister, 
iMarshal O'Donnell, after dinner at the palace. 

I subsequently brought the documents themselves informally to the knowledge 
of the government through the sub-secretary of state, to Avhom I expressed the 
Avish that the government of her Catholic Majesty should take cognizance of this 
occurrence, and apply a remedy spontaneously, so that A\dien I should address a 
note upon the subject to the minister of state, Spain might reply that the proper 
measures had already been taken by this government. 

It Avas not till the 30th instant that I addressed the minister of state in the 
note, a copy of Avhich is enclosed 

To-day I Avas called to his department, and a formal interAdcAv took place, in 
A\hicli he informed me that her ^lajesty's government had already sent orders 
of the most peremptory character to the commanders of her jMajesty's naval 
forces on the coasts to prevent by all means any violation of the neutral jurisdic- 
tion of Spain Avithin the maritime league of the shores of the Peninsula, and of 
the Spanish establishments in Africa, by the Sumter or any other privateer. 
'I'hat the execution of these orders Avas confided to the ministerial department of 
marine, but Mr. Calderon understood that the Sumter Avould be Avarned of the 
existence of these orders and strictly Avatched, and, in case of any future violation, 
would be pursued and captured or sunk. I reminded Mr. Calderon that the 
violation of Spanish jurisdiction had already occurred, and begged to know what 
Avould be the course pursued with the Sumter in case she should come Avithin 
the poAver of Spain again, since the commission of the act already complained of. 
Mr. Calderon replied that he understood she would not be allowed to go free, 
but Avould be compelled to make restitution for the damages occasioned, and to 
give assurance that the offence should not be repeated. He had already desired 
the sub-secretary of state to inform me of the issuing of these orders in reply to 
my note of 30th instant. 

A telegram last evening from Gibraltar informs me that the Sumter still con- 
tinued at anchor near the fortress, and it Avas believed she had not tiiuds enough 
to pay her expenses. Mr. Sprague has also received letters from certain coal- 
dealers, stating that they Avould not furnish coals to the Suniti'r, and she had 
only a stock for two days' consumption on board. 

These circumstances lead me to hope that some armed steamer of the United 
States may still arrive in time to terminate the career of this privateer Avhere 
she lies. 

With sentiments of the highest respect, sir, your obedient servant, 

HORATIO J. TERRY. 

Hon. Wm. H. Seward, 

Secretary uf titate, Washington. 



Mr. Perry to Mr. Calderon Collantes. 
[Translation.] 

Legation of the United States, 

Madrid., January 30, 1862. 

Sir : I have the honor to enclose for your excellency the solenui declaration 
of Captain AndreAV Burditt, and first and second officers, Jacob Doyle and 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 71 

Ed^-ard Ilondlctt, of the American ve.-*8el Neapolitan, def^troyed on tlio 18tli 
instant, in tlie Straits of Gibraltar, by the privateer steamer Snniter, from Avliieh 
it apj)ears that the Neapolitan was only one mile and a half from the Spanish 
establishment of Centa, on the coast of Morocco, and certainly a very long Avay 
within cannon-shot at the time she was boarded and seized by tin; Sumter. 

The crew of the Neapolitan having been transhipped with some effects, and 
her captain robbed of his watch, eighty-six dollars in money, and some naviga- 
ting instruments, this vessel, Avith her cargo, Avas set on fire and destroyed. 

Sincerely regretting that the consideration due to the jurisdiction of Spain 
has not been sutiicient to inspire respect to this corsair who has executed so 
reprehensible an act of piracy Avithin cannon-shot of the guns of Centa, and 
Avithin a few hours after leaving the port of Cadiz, when^ the government of her 
Catholic Majesty had furnished him Avith the use of the dry dock of Caraccas, 
without Avhich aid he declared that he could not navigate, I restrict myself in 
this communication to bringing these facts to the notice of the government of 
her Catholic J\Iajesty, in the hope that it Avill spontaneously adojjt that resolu- 
lution Avhich it may deem best suited to its oavu dignity and to the neutrality 
Avhich it has proclaimed. 

I aA'ail myself of this occasion, &c., 

HORATIO J. PERRY. 

The Minister of State of her Catholic Majesty. 



Declaration of tlie officers of the American hark iSeapolitan. 

Consulate of the United States of America, Gibraltar: 

Appeared personally, and solemnly and sincerely declared, on this 23d day 
of January, A. D. 1862, Andrew Burditt, master, Jacob Doyle, first officer, and 
EdAvard Hondlett, second officer, of the late American bark Neapolitan, of Kings- 
ton, 322 tons or thereabouts, that they sailed in and Avith the said l)ark Neapol- 
itan from ]\Iessina on or about the 28th day of December, 1861, loaded Avith a 
cargo of brimstone and green fruit, and bound for Boston. That during the 
A'oyage they experienced \'ariable Aveather, and nothing of particular note oc- 
curred until the morning of the 18th January instant, the wind being about 
nortliAvest, and they then were close to Ceuta, the centre thereof bearing about 
south and by east. 

That at about a quarter before seven o'clock they observed a steamship Avith 
American colors flying iiinning to the eastAvard, Avhich immediately afterAvards 
stood toAvards them. That the colors Avere ordered to be hoisted, and Avhile the 
mate Avas bending them on the steamer spoke them and ordered them to heave 
to ; presently a boat came from the steamer, and directed the master to carry 
all the ship's papers to the steamer. That the master Avent in the stern boat, 
carrying her papers ; that the said bark Neapolitan Avas lying-to, Avith her head 
toAA'ards Ceuta, Avithin about one and a half mile of the shore, and the moment 
the boat Avith the master and papers reached the strange steamer she hoisted 
Confederate colors, and hailed the aforesaid bark Neapolitan, ordering her to 
wear. 

That the Neapolitan Avore, and a boat came from the steamer Avitli an officer ; 
as soon as the boat reached the aforesaid bark Neapolitan the officer declared 
her to be a prize, and ordered her men aloft to cut aAvay the sails. 

At this time the Avind Avas moderate, but it very soon freshened up, and the 
men of the steamer Avore the aforesaid bark Neapolitan again, and haA'ing run 
before the Avind for a mile and a half they hoA'C her to again on the starboard 
tack. 



72 INSUKGENT PRIVATEERS IN FOREIGN PORTS. 

The crew of the aforesaid bark Neapolitan were then ordered to pick up their 
thing-s and go on board the bark Investigator, another American bark which the 
steamer had been boarding. 

That at about ten o'clock they were forced away from their ship and went 
aboard of the bark Investigator, leaving their ship Neapolitan in the hands of 
the officers and crew of the Confederate States armed steamer Sumter, who were 
now briskly employed in taking out her stores. 

That the aforesaid bark Investigator made sail, and stood towards Gibraltar, 
and at about two o'clock p. m. of the same day they saw the Neapolitan in 
flames, burned l)y the aforesaid steamer Sumter. 

And these appeared most positively declare that their, late bark Neapolitan 
was within one and a half mile of Ceuta and the coast of Morocco, or certainly 
a very long way within cannon-shot at the same time she was boarded and 
seized by the Sumter. 

ANDREW BURDITT. 
JACOB DOYLE. 
EDWARD HONDLETT. 

Declared, at Gibraltar, this 23d day of January, 1862, by the said Andrew 
Burditt, Jacob Doyle, and Edward Hondlett, before me. 

JAMES C. RALPH, 

Notary Public, Gibraltar. 

I certify that the foregoing writing contains a verbatim copy of the original 
document registered in this consulate, and, as a verbatim copy of the original, 
in entitled to full faith and credit. 

Witness my hand and seal of office, in Gibraltar, the 23d day of January, A. 
D. 1862. 

[l. s.] HORATIO J. SPRAGUE, 

United States Consul, Gibraltar. 



Mr. Perry to Mr. Seivard. 



No. 31.] Legation of the United States, 

Madrid, February 8, 1862. 

Sir : I have the honor to enclose for your use a translation of the note of IMr. 
Caldei-on Collantes, (A,) dated the 1st instant, upon the si;bject of the bark Ne- 
apolitan, seized by the Sumter near Ceuta, and also an additional note of mine, 
dated the 5th instant, on the same subject. Copy marked B. 

I have also requested our consuls at Gibraltar and Cadiz to collect and put 
into legal form all the evidence within their reach bearing upon the question of 
the position of the Neapolitan at the time she was boarded by the Sumter's boat. 

This vessel was still at Gibraltar at my last advices, asking in vain for coals, 
though it was thought she was preparing to start for some other place. 

A rumor has reached me that four st(!am vessels of the United States navy 
had been in at Teneriffe in search of the Sumter. None have yet been seen 
near the Straits of Gibraltar. 

With the highest respect, sir, your obedient servant, 

HORATIO J. PERRY. 

Hon. William H. Seward, 

Secretary of State, Washington. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 73 

Mr. Caldcrofi Collantes to Mr. Perry. 

[Translation.] 

J'iRST Department op State, 

Palace, February 1, 1862. 

Sir: I have received tlie note Avliidi you were plea.secl to address me, dated 
the 30tli ultimo, and the document which accompanied it, relative to the capture 
and destruction of the United States bark Neapolitan in the Straits ofCJihraltar, 
by the privateer steamer of the Confederate States, the Sumter. 

After having stated in your said note that the occurrence took place within 
the jurisdictional waters of Spain, you express the hope which you entertained 
that the government of the Queen would adopt such resolution as it might think 
best suited to its own dignity and to the neutrality which it has proclaimed. 

In effect, as soon as it had knowledge, though in an imperfect manner, of this 
occurrence, the government of the Queen ordered, on the 27th of January last, 
before receiving your note, and therefore spontaneously, that the vessels-of-war 
of her M;ijesty anchored at Algeciras, and charged witli the observation of the 
coasts of Africa, should prevent whatsoever violence the Sumter might attempt 
to connnit in the jurisdictional waters of Ceuta, instructing the connnanders of 
those vessels to impede the captain of the said privateer, and of any other which 
may appear, from exercising the least act offensive to the rights of Spain. 

And the measures taken by the government of her Majesty were not limited 
to these; it also instructed the officers in command of the vessels of its M'ar ma- 
rine that, having given the proper instructions whenever they should think con- 
venient, if the captains of privateers should execute any act in violation of the 
rights of the nation, they ought to proceed with the greatest energy, effecting the 
liberation of whatsoever prize should be made in the jurisdictional waters of 
Spain, and taking all other measures which the nature of the facts should make 
necessaiy. 

The government of her Majesty not having up to this time authentic and le- 
gally reliable information relative to the distance of the Neapolitan from the 
coast of Ceuta when slie was seized and destroyed by the Sumter, it is impossi- 
ble to adopt any new resolution in the matter. 

The government has limited itself up to this time to the adoption of prevent- 
ive measures, which will be sufficient in its opinion to prevent the violation of 
the jurisdictional zone of Spain, although reserving to itself to dictate hereafter 
all such as the nature of the circumstances may make necessary or proper, and 
fulfilling in this way what the government of the Queen owes to itself and to 
the duties which the declaration of neutrality imposes upon it. 

I avail myself of this occasion to reiterate to you the assurance of my clistin- 
guished consideration. 

J. CALDERON COLLANTES. 

The Charge d'affaires of the United States. 



Mr. Perry to Mr. Calderon Collantes. 

Legation of the United States, 

Madrid, February 5, 1862. 

Sir : The note of your excellency of the 1st instant, relative to the preventive 
measures spontaneously adopted by her Majesty's government as soon as it had 
knowledge, though imperfect, of the seizure of an American bark by the privateer 
Sumter within the jurisdictional waters of Ceuta, has reached my hands. 



74 INSUEGENT TRIVATEERS IN FOREIGN PORTS. 

In it your excellency says that, as the government of her Majesty had not, up 
to the time in which you wrote, authentic and legally reliable evidence relative to 
the distance of the Neapolitan from the coasts of Ceuta Avhen she was seized and 
destroyed by the Sumter, it was impossible to adopt any other than the pre- 
ventive measures already dictated, as recited in your excellency's note. 

I think it my duty to remark in connexion with this paragraph that, though 
it may be true that the evidence going to establish this fact has not yet been 
prepared in such form as Avould give it a controlling force upon the decision of 
a court of justice, still it is sufficient already to indicate that this may be the 
result. 

The testimony of the crews of the two ships which happened to be near the 
spot when the Neapolitan was seized, and who witnessed the whole proceeding, 
I miderstand corroborates in every important particular the solemn declaration 
of the captain and officers of that vessel, which I had the honor to transmit to 
your excellency. 

If the government of her Majesty has no information satisfactory upon the 
point in question, I would say that it was most highly probable that your excel- 
lency will be convinced by the evidence uoav preparing by tlie parties interested 
in the ship destroyed that she was really and indisputably far within the dis- 
tance of a marine league of the coasts of Ceuta at the time of her seizure. And 
if this be so, I confess I do not see how the government of the United States 
can well avoid giving course to the petition of their citizens for restitution of the 
values destroyed by the Sumter from that government in whose jurisdiction both 
vessels were, and which the corsair was so bold as not to respect. 

I do not wish to anticipate what would be the result of this reclamation, nor 
the effect of the evidence which the government of her Majesty may be able to 
bring in the case ; but I notice in your excellency's note that the officers com- 
manding her Majesty's vessels-of-war have been instructed that if the captains 
of privateers should execute any act in violation of the rights of this nation, 
they (her Majesty's officers) ought to proceed with the greatest energy, effecting 
the liberation of whatsoever jDrize should be made in the jurisdictional waters of 
Spain, and taking all other measures Avhich the nature of the facts should make 
necessary. 

I cannot suppose that in this instruction her Majesty's naval commanders are 
directed to wait for evidence in strictly legal form before taking measures thus 
to vindicate the outraged rights of Spanish jurisdiction. If information scdemnly 
sworn to before a consular officer by three respectable persons is not sufficient 
to provoke some action on the part of her Majesty's vessels anchored at twenty 
miles distant from the scene of outrage, and probably within sight of the burn- 
ing ship illegally captured, it would be difficult to conceive how or when they 
Avould propose to make the jurisdiction of Spain to be respected. It is quite 
evident that no such outrage woidd be attempted in Spanish waters immediately 
under their guns, but it is also evident that if the naval forces of her Majesty 
are to take no notice of acts committed outside the range of their guns, the 
jurisdictional rights of this nation within a marine league of its coasts may be 
violated w ith impunity. The case provided for in these instructions, therefore, 
we may fairly consider has already occurred. 

The private(;r Sumter has already performed an act in violation of the rights 
of this nation, and to the damage of citizens of the United States, lawlessly de- 
prived of their vessel and cargo Avithin the jurisdiction of Spain. The evidence 
of this outrage is as good at present as the commanders of her Majesty's vessels 
of-war Avill probably cA^er receiA'e in any case Avlicre they do not happen to be 
actually present Avitnes.-ing the deed, and the forms necessary to giAc this evi- 
dence legal A'alidity Avill not long be Avanting. 

In this state of the circumstances, fully ])ersuaded as I am of the disposition 
of her Majesty's government to alloAV no violation of its jurisdictional rights, and 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 75 

to enforce redress wlienevcr these shall he violated, Avhich purpose is ahimdnntly 
indicated in your excellency's note, it is the purpose of this comnumication 
merely to inquire of your excellency what the government of her Majesty pro- 
poses to do with the Sumter, which can hardly fail to come Avithin the pf)wer of 
her Majesty's vessels if they choose to intercept her on leaving the port of Gib- 
raltar. AVill she be allowed to go unquestioned, or will this government exact 
from her caj)tain some security for the value of the Neapolitan and her cargo 
seized within Spanish jurisdiction, available whenever this fact shall be satisfac- 
torily established? Or will the Sumter herself be held till this question can 
be settled and some guarantee given that like acts will not be committed in future? 
1 avail myself of this occasion to renew to your excellency the assurnnces of 
my most distinguished consideration. 

HORATIO J. PERRY. 

The Mlxistkr of Si ate of her Catholic Majesty. 



Mr. Seward to Mr. Perry. 



No. 14.] Department of State, 

Washington, Fehruary 28, 1862. 

Sir : Your despatch of February 1, No. 29, has been received. Your pro- 
ceedings in bringing to the notice of Mr. Calderon Collantes the case of the 
American bark Neapolitan, destroyed by the pirate Sumter, as is alleged, Avithiu 
the maritime jurisdiction of Spain, are approved. The reply of that minister, 
while it was less decisive upon the particular case than we could have wished, 
is, nevertheless, regarded as manifesting a just and liberal disposition in regard to 
the unfortunate subject involved. I reserve instructions upon the case of the 
Neapolitan until the parties interested shall appear, in some way, at this department. 

Doubtlessly you are aware that the navy is doing what seems to be possible 
to bring the career of the Sumter to a close. I need not repeat to you how the 
difficulty of doing so has been increased by the toleration so unnecessarily shown 
to pirates in Europe. 

It is expected that the states which have shown this toleration will have cor- 
rected their views by the intelligence they must before this time have received, 
showing that the insurrection is rapidly yielding before the American forces by 
Avhich it is surrounded. A pirate can now neither enter nor leave any port in 
this country. The restoration of Missouri and Kentucky to the Union leave the 
insurrection no sufficient case to support itself upon. 

Would not Spain be acting in a manner worthy of her renewed ambition by 
being among the first to proclaim that the United States ought no longer to be 
regarded by friendly states as a nation divided by war? 
I am, sir, your obedient servant, 



WILLIAM H. SEWARD. 



Horatio J. Perry, Esq., &;c., h^-c. 



Mr. Perry to Mr. Seward. 



No. 33.] Legatiox of the United States, 

Madrid Fehruary 16, 1862. 

Sir : I have the honor to enclose copies of the note of Mr. Schurz to ]\Ir. Calde- 
ron Collantes, of December 15, and Mr. (Jalderon's reply addressed to myself 
under date of 12tli instant, which was, hoA\-ever, received last evening. 

It will be seen that the note of i\[r. Calderon explains the aftair of the shot 
fired from the Spanish fort of Tarifa at the American brig William Creever, in 



76 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

a manner qnite different from tliat reported by the captain of this vesf^cl. This 
legation, having no further data, refers the Avholc subject back again to your 
conf^ideration. 

I yesterday had an interview -with Mr. Calderon Collantes, in which I took 
occasion to read to him a part of your despatch of January 23, relating t© 
the state of our affairs at home. In the conversation which ensued, Mr. Calde- 
ron let fall the expression that the position of European nations would have 
been exceedingly ridiculous if they had recognized the southern confederacy 
and we should now, in a short time, reduce these States to obedience to the 
government of Washington. 

I spoke of the subject of my note of February 5, (copy enclosed with my 
despatch No. 31,) which has not yet been answered. Mr. Calderon seemed to 
be willing to take time before replying, though he said he Avas about to answer. 
I had before spoken with the sub-secretary of state on this subject, and thought 
I could see that Mr. Calderon had conversed with him also. The. minister seemed 
to be not wholly free from a])prehension that he might be drawn into making 
some admissions on the subject of that note "which he might afterwards regi'et; 
said that tlun-e were two questions involved, that of fact and that of right; 
whether the Neapolitan really was in Spanish waters at the time of her seiziire, 
and whether, if she were, the law of nations could force Spain to make restitu- 
tion of the values she (the Neapolitan) had lost by the Sumter. 

It is my business to maintain the affirmative of this proposition; but you will 
no doubt perceive that the case of a vessel in a narrow strait, tacking on and 
off shore to beat up against the wind, and running in and out of the zone of a 
maritime league from the coast, in the course of a voyage of which the Spanish 
authorities could have no previous knowledge, offers many points on which 
an argument can be attempted in the negative, if it can be shown that the 
Spanish authorities have used due diligence to prevent a recurrence of the facts 
complained of, as soon as they became aware that there was or had been a 
subject of complaint. 

But my immediate object in that note was rather to embarrass the captain of 
the Sumter than to anticijiate the action of the owners of the Neapolitan, and 
this object, I am happy to say, has been, to a great extent, attained. Mr. Cal- 
deron, in conversation, recognized the right and duty of Spain to make the 
Sumter responsible for the damages she may have caused to our shipping within 
this jurisdiction, and said, with an air of much lirmness, " No, no ; the Sumter 
Avill not again come into any Spanish port," and indicating that if she did she 
would be called to account for her conduct with the Neapolitan. Whether 
Spanish vessels will be instructed to stop her iipon the high seas or not, in the 
present state of this question, Mr. Calderon would not say. 

Happily, since I last addressed you, the United States war steamer Tusca- 
rora has arrived at Gibraltar, and her presence leads me to hope that the career 
of the Sumter is nearly terminated. 

The enclosed telegrams, Nos. 1, 2, and 3, will explain to you the present 
state of things in Gibraltar bay, the movement of the Tuscann-a towards Alge- 
ciras being undoubtedly in order to put herself out of the reach of the twenty- 
four hours rule adopted by England, by means of which the Nashville was 
allowed to escape from Southampton. 

It seems the crew of the Sumter are leaving her at every opportunity. On 
this suliject I will take occasion early to forward yoit copies of my instructions 
to our consuls, and the inducements I thought it proper for the consul at Cadiz 
to offer to these men to bring them back to their allegiance. 

With sentiments of the highest respect, sir, your obedient servant, 

HORATIO J. PERRY. 

Hon. William H. Seward, 

Secretary/ of State, Washington. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 77 

A. 

Mr. Schurz to Mr. Collantes. 

Legation of the United Statrs, 

Madrid, December 15, 1861. 

Sir: I have the honor to lay before your excellency copies of two documents 
addressed to the Secretary of State of the United States by the consul of the 
United States at Messina, from which it appears that on the 24th of September, 
1861, the American brig William Creever was fired into from the fort at Tarifa 
light-house, while on her way from Cardiff to G;ilatz, laden with coal. 

I am instructed by the President to call the attention of her Catholic Ma- 
jesty's government to this subject, and to ask a prompt explanation of what 
seems to have been an unprovoked attack upon a vessel bearing the flag of the 
United States. 

The undersigned takes this occasion to renew to his excellency Don Satur- 
nino Calderon Collantes the assurance of his most distinguished considci-ation. 

C. SCHURZ. 

His Excellency Don Saturnino Calderon Collantes, 

First Secretary of State. 



Mr. Collantes to Mr. Perry. 
[Translation.] 



Office of the First Secretary of State, 

Palace, February 12, 1862. 

My Dear Sir: I communicated in due time to the minister of war the note 
which Mr. Schurz, the worthy head of your legation, was pleased to address to 
me on the 15th of December last, asking explanations in the name of his gov- 
ernment respecting the shot fired from the fort at Tarifa into the brig William 
Creever on the 24th of September of the last year. 

In his reply, I must make known to you, as I am informed by the said min- 
ister, that from the antecedents now existing at the said fort of Tarifa — from 
the report made by the military governor of the same, and from the proceedings 
had for the perfect understanding of the matter which is ti-eated of — it appears 
that the firing complained of by the captain of the William Creever took place 
agreeably to tlw3 prescribed instructions to ascertain the nationality of foreign 
vessels which pass in front of said fort, and which refuse to hoist their national 
colors. 

In f^ict, it appears that on the 24th of September last the William Creever 
passed before the fort of Tarifa, going in a direction from west to east, without 
hoisting her flag; in view of which, those of the artillery corps then on duty 
signalled to her by thrice hoisting and lowering the national flag; finding that 
the captain of the William Creever persisted in not hoisting his flag, they fired 
a blank cartridge at her, and after waiting a reasonable time they fired another 
gun with shot, which was aimed ahead of the vessel. If this second notice has 
had an unfortunate result, the government of her ]\[ajesty is the first to regret 
it; but the responsibility is due alone to the persistence of the captain of the 
William Creever in refusing to hoist his flag, thus contravc'iiing the existing 
regulations respecting signals which foreign vessels are boun.l to observe, and 
which were duly communicated to the legation under your worthy charge. 



78 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

Hoping- that the foregoing explanations will satii^fy you and your govornmont 
that it has not been possible for her Majesty or her officers to aAoid the acts 
which gave rise to the aforesaid demand on the part of Mr. Schurz, I avail myself 
of this opportunity to renew to you the assurances of my distinguished con- 
sideration. 

S. CALDERON COLLANTES. 

The Charge d'affaires of the United States. 



[Translation of telegram No. 1."] 



Gibraltar, San Roque, February 8, 1862. 
The Sumter continues here. Several of her seamen are on shore, unwilling 
to return on board. 

SPRAGUE. 
Mr. Perry, Legation of United States. 

[Translation of telegram No. 2.] 

Gibraltar, San Roque, February 12, 1862. 

Federal steamer Tuscarora arrived here to-day. Sumter still here, without 
taking in coal. 

SPRAGUE. 
Mr. Perry, American Legation. 

[Translation of telegram No. 3 ] 

Gibraltar, San Roque, February 15, 1862. 
The Tuscarora has anchored in Algeciras, and will receive coal. Sumter 
still here. 

SPRAGUE. 
Mr. Perry, American Legation. 



Mr. Perry to Mr. Scivard. 



No. 36.] Legation of the United States, 

Madrid, February 22, 1862. 

Sir : Wliilst the Sumter was at Cadiz, I not only endeavored to prevent her 
being repaired, but also sought to diminish her means for mischief by such 
representations to her crew as would lead them back to their allegiance to the 
government. 

My instructions to Mr. Eggleston by telegram, January 13, and letter, Janviary 
14, are enclosed, (Nos. 1 and 2.) 

Mr. Sprague, consul at Gibraltar and consular agent at Algeciras, writes me, 
\inder date of 15tli instant, a letter,* of which I enclose copy, (Xo. 3,) as Avell 
as my reply of the 21st instant, (No. 4.) The Sumter has received no coals 
since she first appeared in the bay of Cadiz, and it seems twenty-three of her 
men have abandoned her. 

<* Not enclosed with the original. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 79 

I trust Mr. Sprag-ue Avill Ijc enorgctic enough not to have these men taken 
from him to be returned to the Sumter. 

With the highest respect, sir, your obedient sei-\'ant, 

HORATIO J. PEllRY. 
Hon. Wm. H. Seward, 

Secretary of State, Washington. 



Mr. Perry to Mr. Egglcstoji. 
[Translation of telegram.] 



Madrid, January 13, 1862. 

Grant your protection to sworn citizens of tlie United States who Avill take 
the oath of fidelity to the Constitution and the government. 

HORATIO J. PERRY. 
The Consul of the United States, Cadiz. 



Mr. Perry to Mr. Eggleston. 

Legation of the United States, 

Madrid, January 14, 1862. 

Sir : I see by the newspapers that you have again protested, according to 
my instructions by telegraph, but that the Sumter had entered the dry-dock for 
repairs. This proceeding involves grave questions, which must now be treated 
between the government of the United States and Spain. I beg you, there- 
fore, to report fully all the facts and circumstances of the case, with your own 
action and copies of documents, on which will proceed the direct action of this 
legation with the government of Spain. 

Your telegram of yesterday informed me that six men of the Sumter had 
solicited your protection, alleging that they were serving aboard that craft 
against their will. 

I immediately answered that you might extend the protection of your con- 
sulate to every citizen of the United States who was willing to t.akc the oath 
of allegiance to the government. It is, of course, understood that this act must 
be in good faith, the man abandoning all connexion Avith his former comrades, 
and giving evidence of his fixed determination to conduct himself in future as a 
good and loyal citizen. It is good policy thus to weaken the force of the j)riva- 
teer ; and though the men may have been guilty of great crimes, I consider that 
they ought to be put on the footing of voluntary deserters from the enemy, and 
treated accordingly. 

It would be a service of which you might well be proud, and which the gov- 
ernment Avould not fail to appreciate, if you could find means to persuade the 
misguided men who form the crew of that corsair that their only chance of 
safety lies in a prompt and voluntary submission to the government of their 
country. 

I know that the cabinet of President Lincoln is not actuated by any vindic- 
tive feelings, but would welcome the return of these men to their allegiance as 
a father welcomes the repentance of a son. 

He is forced by his duty to maintain the Constitution and the rights of the 
flag bequeathed to him by Washington. 



80 INSURGENT PRIVATEERS IN FOREIGN TORTS. 

He will maintain them. Already the flag of the great republic floats over 32 
of the 34 States of the Union, and every port is now sealed, so that the Sumter 
can never return to the United States except as a prize. Our war steamers are 
ah-eady coming after her, and will surely catch her sooner or later. 

The last hope of aid from foreign powers for the rebel States has vanished 
by the settlement of the difficulties between the United States and England. 

Reduced to the condition of an outlaw — of a pirate — soon the ports of all 
Christendom will be closed against the Sumter, or she will be delivered over to 
some Avar steamer of the United States, Avhilst lying at her anchors, by the 
authorities of the port where she may be. 

The fate of her crew, taken under such circumstances, or by force upon the 
seas, I do not wish to foresee ; they themselves must be but too well aware 
what it probably will be. 15,000 men have already landed by the time I write, 
and are entrenched within 60 miles of New Orleans ; 180,000 men are march- 
ing down on the banks of the Mississippi, with a fleet of steel-clad gunboats, 
and floating batteries of 100 guns on the river itself. Before the Sumter could 
reach the port from which she started, its fate is already settled ; and with it 
the remainder of the war will be a mere chase for prisoners. Urge these reflec- 
tions upon that crew, and find means to make your influence felt among them. 
Yours, truly, &c., 

HORATIO J. PP:RRY. 

E. S. Eggleston, Esq., 

United States Consul, Cadiz. 



Mr. Perry to Mr. Sprague. 



Legation of the United States, 

Madrid, Febiuary 21, 1862. 

Mv Dear Sir : I have your letter of February 15, covering copies of some 
correspondence which has taken place between yourself and the authorities of 
Gibraltar in regard to certain seamen from the privateer Sumter who had pre- 
sented themselves in your consulate. 

It is quite natural that the captain of the privateer should endeavor to assert 
his authority over the crew of that ship, but I do not suppose that the authori- 
ties of any port in Europe would imdertakc; to force American citizens, profess- 
ing allegiance to the federal government, to remain aboard that ship against 
their will, nor impede them from the protection of their consul and the succors 
which tlnjy may need and are entitled to by the laws of the United States. 

I have nothing to say to you officially, of course, in regard to your duties at 
Gibraltar; but 1 will not withhold my o])inion, which is, that to every American 
seaman who is willing to take the oath, prescribed by the President, of allegiance 
to the government and Constitution of the United States, you are bound to ex- 
tend yoiu- protection, and entitled to claim the assistance of the authorities of 
that port to protect him from the violence of all third parties, and especially 
from those who have levied war against our government. Certainly those au- 
thorities woidd not think of taking part with the enemies of the government of 
the United States to aid them in retaining the persons of our citizens against 
their will within the neutral and friendly jurisdiction of Great Britain. 
Yours, very truly, &c., 

HORATIO J. PERRY. 

HoBATio J. Sprague, Esq., 

United States Consular Agent for Algeciras. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 81 



Mr. Perry to Mr. Spraguc. 

Legation of the United States, 

Madrid, Fvhruary 22, 1862. 

Dear Sir : I ^'^esterday wrote you a letter adopted for your use with the 
authorities at Gibrahar ; but if there is any probabihty of their interference with 
those men in order to return them to the custody of Captain Semmes, in viola- 
tion of your consular rights and authority, I would advise you to avoid the 
difficulty by getting the men across the bay into Spanish jurisdiction at Algcciras. 
Once there I instruct you distinctly not to surrender them out of your own 
custody and protection upon the requisition of the local authorities, or of any 
other person without my permission. If any question should arise between you 
and the Spanish authorities of the port on this subject, let it be immediately 
referred up to the Queen's government and to myself, respectively. Since what 
passed during the stay of the Sumter at Cadiz there is, however, no probability 
of any question being made with you by the Spanish authorities at Algeciras. 

The best disposition pos-sible of these men Avould be to put them aboard the 
Tuscai'ora, if Captain Craven will receive them. I note that this ship still re- 
mains at Algeciras, and trust she will avoid the twenty-four hour's rule this time 
by keeping out of the English jurisdiction as long as the Sumter remains in it. 

A vessel will soon present itself to pass the straits bound for New York, and 
loaded with arms, &c., for the government. I will advise Captain Craven by 
telegraph, so that she may be protected. She is the fast-sailing bark Cora, of 
and for New York, to sail from Alicante during the week which begins to- 
morrow. 

Very respectfully, &c., your obedient servant, 

HORATIO J. PERRY. 

Horatio J. Spragub, Esq., 

United States Consular Agent, Algcciras. 



Mr. Seward to Mr. Perry. 

No. 24.] Department of State, 

Washington, April 3, 1862. 

Sir : Your confidential note of March 1 was duly received. The demonstra- 
tion of satisfaction and cordiality made on the occasion of the release by the 
Spanish government of our countrymen who had been carried captives by the 
pirates into Cadiz was very natural, and very creditable to all the parties con- 
cerned. The loyal spirit manifested by Mrs. Perry reflects great credit upon 
her. 

I have read with great interest the copy of the note which you addressed to 
Mr, Calderon Collantes in December last. 

I trust that henccfoi-th we shall have the good fortune to show that we are 
sensible to the good feeling exhibited towards us by the Spanish government. 
Faithfully vours, 

WILLIAM H. SEWARD. 

Horatio J. Perry, Esq., ^c, h^-c, hfc, Madrid. 

H. Ex. Doc. 104 6 



82 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



BRAZIL. 



Mr. Sctvard to Mr. Webb. 

No. 8.] Department of State, 

Washington, November 13, 1861. 

I have received this day a despatch from H. H. McClrath, esq., consul c 
the United States at Maranliam, in which he informs me that the steamer Sumte 
a piractical vessel which notoriously had been fitted out and armed by disloyj 
citizens of the United States, and which, manned and navigated by such pci 
sons, Avas engaged in depredating i^pon the commerce of this country, was, o 
the 6th day of September last, admitted into the port of Maranham and allowc' 
to receive supplies of coal and provisions therein. 

It is an especial aggravation of the case that this transaction was allowed t 
take place against an emphatic remonstrance and protest of the consul of th 
United States at that port. 

You will lose no time in calling the attention of the Emperor's government ti 
the affair. You will ask explanations thereof, and, unless satisfactory explana 
nations are rendered, you will then inform his Majesty's government that tin 
shelter and supplying of pirates, as the Sumter is sheltered and supplied, in the 
ports of Brazil are deemed an unfriendly act by this government, and will as! 
that such measures shall be taken in regard to the case as will make the gov- 
ernor of Maranham sensible of his Majesty's displeasure and will prevent a re- 
currence of such injuries to the United States hereafter 

I hardly need say that the proceeding at Maranham is an occurrence of great 
surprise and deep disquiet to the United States. That we have supposed that 
Brazil and every other State on the American continent have an interest second 
only to our own in the stability of the American Union, the downfall of which 
would, in our belief, inevitably be followed sooner or later by the decline and fall of 
every independent nation on this continent, which must in that case becomet 
once more a theatre for the ambition of European powers. 

Such respect for the sovereignty of the United States as one great nation 
owes to another is an indispensable condition of friendly relations with foreign 
powers in the present emergency. You will therefore take care not, far one mo- 
ment, to admit into debate any question of claim on the part of the insurgents 
to any rights whether as a sovereign or a belligerent. 
I am, sir, your obedient servant. 



James Watson Webb, Esq., S)V., Sfc, S^c. 



WILLIAM H. SEWARD. 



Mr. Webb to Mr. Seward. 
[Extract] 

No. 4.] Legation of the United States, 

Hotel dcs Etrangers, Rio de Janeiro, November 8, 1861. 
Sir: 

* ** * *## # 

On Thursday, the 31st, I met Senhor T.iques at the foreign office, and at the 
commencement of the interview he seemed determined to assume the ground 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 

that no breach of neutrality had been committed. After some discussion I ex- 
pressed my regret that I had not rendered myself acceptable to the government, 
as there could be no doubt the course he indicated a disposition to adopt would 
result in my recall, the suspension of diplomatic intercourse, and a resort to such 
measures as the wisdom of my government might suggest. He disclaimed a 
desire or intention to pursue any course which might lead to such consequences, 
and fell back upon the absurdity first invented by the governor of Maranham, 
that the Sumter is a man-of-war. 

I pointed out to him what I considered an easy mode of escape from the dif- 
ficulty ; which was, in reply to my despatch, to disavow distinctly an intention 
to permit any privateer or letter of marque to enter a port of Brazil ; and then 
to take the ground that the courtesy extended to the Sumter, and the material 
aid afforded her, were yielded by the governor of Maranham, according to his 
eport, because she was a "man-of-war," and that if there had been error in that 
^•egard he would be pleased to be enlightened on the subject. 

He promptly seized upon the suggestion, and agreed that such should be the 
^,|: course of the government. 

We then separated, and on the following day, November the 1st, I wrote the 
(iaccompanying despatch. No. 2, which I had copied on the 2d, and placed per- 
onally in the hands of the minister of foreign affairs on the 3d. 

* *** *' ## ^ 

I have the honor to be, very respectfully, your obedient servant, 

J. WATSON WEBB. 
Hon. William H. Seward, 

,y Secretary of ttate of the United States. 

asl 



Mr. Wehb to Mr. Taques. 



^o. 2.] Legation of the United States, 

Rio de Janeiro, Kovemhcr 1, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary from the 
fJnited States, feels it incumbent upon him to call the attention of his excellency 
-5enhor B. A. de Magalhats Taques, counsellor and secretary of state for foreign 
ffairs, to the gross breach of neutrality recently committed towards the United 
f5tates by the governor of Maranham. That official, an officer who holds his 
ijjl [ommission from his imperial Majesty the Emperor of Brazil, and whose acts, 
herefore, unless disclaimed, become the acts of the imperial government, per- 
il aitted a piratical vessel, known as the Sumter, calling herself a privateer, and 
ythe official of the Brazilian government exalted into a "man-of-war," to enter 
he port of Maranham, and there lay in a supply of coal, wherewith, in the lan- 
guage of the Brazilian official, " to continue her voyage." 

Now, your excellency, what were the purposes of that voyage ? In answer 
this question, if answered truly, the governor of Maranham must say, " The 
ole and only purpose of the voyage of the Sumter is to prey ujwn and destroy 
American commerce." 

The United States is one of the great powers of the world ; her nationality 
dmits of no question, and she is and ever has been on terms of amity with the 
nperial government of Brazil. Like all other nations, Brazil included, she is 
able to internal commotions; and having repeatedly demonstrated her ability 
> maintain her independence and vindicate her nationality by resisting foreign 
agression, she has recently been called upon to deal with a great rebellion 
ithin her own borders, the object of which is to restore to leading ambitious 
sbels the power of Avliich the people have deprived them, to reopen the infa- 
lous slave trade with the coast of Africa, and to establish a southern confed- 



84 INSURGENT PEIVATEERS IN FOREIGN POETS. 

eracy, based upon the institution of slavery. Tliis rebellion, as tlie underpig-ned 
has already taken occasion to show to your excellency, was countenanced 
instead of being; suppressed by the late government of the United States, sev- 
eral meiril)ers of which Avere active and professed traitors, and have recently 
been in tlie employ of the rebels. Under such circumstances, and fostered by 
the late Executive and his associates, the traitors were permitted to progi'ess in 
their rebellion Avith impunity until the 4th of ]\Iarch last, when the present gov- 
ernment of the United States came into office. Since then the whole power of 
the general government has been exerted to organize and bring into the field a 
sufficient force to put down promptly and forever the infamous and uncalled for 
rebellion ; and Congress, in the exercise of its constitutional powers, has author- 
ized the raising of an army of five hundred thoiisand men and the borrowing of 
five hundred millions of dollars, to put down a rebellion which threatened, by 
the tolerance^ of the late traitor government, to destroy the nationality of the 
United States. 

I am happy again to assure your excellency that both the army and the money 
to conduct the war have been forthcoming at the call of the general government, 
and that we are only waiting for the frosts of November to bring the rebellion 
to a close, and to punish the traitors who have thus assailed the nationality of 
the United States, and very materially disturbed the commerce and deranged 
the industry of the world. Not one day has been lost by those entrusted with 
the administration of our national affiurs in performing their whole duty to their 
own country and to our sister nations, with all of whom we are at ])eace, and 
whose transactions with us constitute at least one-quarter, if not one-third, of all 
the commerce of the civilized world. They only came into office on the 4th of 
March last, and the rebellion being confined at that time to the cotton States 
and the insalubrious, bilious, and yellow fever region of our country, it was a 
physical im[)ossibility to suppress it iintil the frosts of the coming November 
and December shall have rendered it safe to move armies through the swamps 
and marshes and pestiferous and miasmatic regions of that country. All that it 
was possible to do was to prepare for a great campaign, to be very shortly com- 
menced, as I already have had the honor to communicate to your excellency, 
aiid the result of which admits of no question. Long before another winter 
shall have closed rebellion Avill have ceased within the boundaries of the United 
States, and, with God's blessing, the traitors who have brought upon their coun- 
trv such deep dishonor and upon the commercial world such widespread disaster 
will have terminated their career on the scaffold and the gibbet. 

The rebels referred to do not pretend to have the sanction of the people of 
their respective States for their proceedings. They in every instance usurped 
the authority of the people, and, luning possessed themselves of power, with arms 
in their liaiids proclaimed their determination to retain their authority, and scorn- 
fully refused to submit to the people of tiie rebel States whether they would or 
would not secede from or rebel against the authority of the general government. 
The rebels are, in fact, a minority of the people in the States declared to be in 
.rebellion ; and they are usurpers, and a self-constituted and a self-elected govern- 
ment, even if the fact were conceded that they are a government in any sense of 
the term. And this usurped government, acting in a self-credited and irregu- 
larly elect(>d legislature, passed a law authorizing their self-constituted president 
to commission privateers and issue letters of marque and reprisal against the 
government of the United States, and invited mariners to fit out privateers to 
cruise against and i)r('y iipon American shi))S. And, as an inducement tor pirates 
and adventurers of all nations to embark in this novel system of »(uasi-logalized 
piracy in this the nineteenth century of the Christian era, the slavery propa- 
gandists and open advocates of the African slave trade passed a law oft'cring a 
bounty of tirenti/ dollars for every person taken prisoner on board of an Ameri- 
can vessel, and tweutij-jive dollars for every person killed in any action with the 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 85 

vessels of tlip United States ! Thus offcriiifj a premium of five dollars per head 
for refusing- quarter and putting to death all })ersons engaged in the peaceable 
pursuits of commerce aud the ordinary commercial traffic along the coasts of 
America. 

It should be a matter of congratulation that, according to well settled inter- 
national law, all armed vessels, possessing no nationality and having no recog- 
nized flag, assailing and capturing other vessels engaged in a lawful commerce, 
maltreating and murdering their crews, are pirates, because neither an individual 
nor a combination of individuals can create a " man-of-war," or grant letters 
of marque, or authorize privateering. But if such were not the case the enact- 
ment which authorized the commissions of the so-called rebel privateers is of a 
nature so odious that it was justly characterized on the floor of the English 
house of commons as the most infamous public enactment of the nineteenth 
century. 

The steamer Sumter is one of the piratical vessels, with letters of marque, 
calling themselves privateers, which the rebels of the cotton States of the Amer- 
ican Union have sent forth to prey upon American commerce, and to whom 
they have offered an extra bounty if they will murder our citizens instead of 
giving them quarter when overpowered by these licensed freebooters. This 
piratical cruiser recently made her appearance off the harbor of IMaranham, a 
seapoi't in the province of the same name in the kingdom of Brazil, tJie governor 
of which is aj)pointed by the Emperor of Brazil, is his representative, and is 
responsible to him for his conduct, and may be l-emoved by him at his pleasure. 
The pirate captain made application to the governor of Maranham to be per- 
mitted to enter that port for the purpose of coaling — a significant fact, as going 
to prove his own conviction that possessing no nationality, representing no 
recognized government, and carrying a flag unknown to the governments of the 
world, he had no other right to enter that port than has the ordinary corsair of 
the seas. But the governor of Maranham manufactured for him a character to 
which the pirate did not pretend, and gave him permission to enter and coal on 
the ground that the Sumter was a " man-of-war." And what is of grave im- 
portance in considering the act of this oflicer of the Brazilian government in 
violating the neutrality of Brazil and jeopardizing the existing amicable relations 
with her earliest friend and best customer, the governor of Maraidiam, in his 
reply to the protest of the consul of the United States, distinctly assumes the 
ground that the Sumter is a " man-of-war," and as such was entitled to every 
privilege and immunity ordinarily granted by the comity of nations to national 
vessels. He therefore decides, as he says in his reply to the protest of the 
American consul, that "coal and provisions for the continuance of her voyage 
could not be denied." The undersigned begs permission to ask what voyage? 
The answer is no doubt to be found in the pirate's papers — in the letter of 
marque of the steamer Sumter, constituting her a i^rivateer of the slave States 
in rebellion against our government, and specially appointed to capture and 
destroy American ships, and outrage, maltreat, and murder inoffensive American 
seamen, engaged in navigating ships in time of profound peace between the 
United States and the ports of her neighbor and friend the empire of Brazil. 
For this the pirate Sumter was created and commissioned; this was the sole 
object of her cruise, and it was her boast, publicly made in Maranham and in 
the presence of the governor, if not in his hearing, that she had already cap- 
tured many of our ships and taken them as prizes into other ports. And it 
was to enable her "to continue" this nefarious "voyage," and to enable her 
to do more injury to the commerce of the United States that the governor of 
Maranham, the port of a nation entertaining the most friendly relations with 
the United States, supplied her with the necessary coals and provisions. Her 
chai'acter was as well known to the governor of Maranham as it is to your 
excellency. The very fact of her asking permission to come into the harbor 



86 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

proved conclusively that she was not a " man-of-war," and the consid of the 
United States took the precaution to make her true character known to the gov- 
ernor of Maranham, and solemnly protested against harboring a craft sailing 
under a letter of marque and calling herself a privateer, sent forth by a set of 
rebels, who have no nationality, no recognized existence, no accredited repre- 
sentatives at any court in Christendom, and whose existence as anything other 
than audacious rebels has been ignored by eveiy civilized nation, and whose 
so-called privateer is, in fact, nothing more than a pirate. 

But were the fact otherwise, did the Sumter belong to one of the civilized 
nations of the world and the United States at war with that nation, the furnish- 
ing her with " coals and provisions for the continuance of her voyage " would 
have been a gross violation of the neutrality of Brazil. 

Fortunately for mankind, there were no great wars among the civilized nations 
from the close of the great European struggle in 1815, and the war waged by 
France and England against llussia in 1853-'54; and it was during this period 
that steam was introduced as an element of naval warfare. Coals were not con- 
traband of war when steam was not an auxiliary of war, but when steam, instead 
of sails, became the propelling power of vessels-of-war, the coals which are neces- 
sary to produce this new power became as much contraband of war as is " sail- 
cloth, tar, and pitch." All of these, and similar articles, have been declared 
contraband by international law for nearly two centuries, and whenever a ques- 
tion has arisen in regard to articles which might be considered as contraband, 
although not enumerated as such, as in the case of provisions, naval stores, &c., 
the rule has been, according to Lord Stowdl, that while " generally they are not 
contraband, they may become so under circumstances arising out of the peculiar 
situation of the war or the condition of the parties engaged in it." Sails and 
sail cloth, therefore, were from the beginning declared to be as decidedly con- 
traband as powder and camion, and mider some circumstances, naval stores 
generally, have long since been declared contraband of war. There being no 
wars, it followed of necessity that the list of articles declared to be contraband 
of war was the same in 1S53 as in 1815, but steam having in the interim been 
introduced into naval warfare, one of the first duties of the belligerents in the 
war between England and France against Ivussia was to revise the contraband 
list. Coals are as absolutely necessary for propelling a steanier-of-war and ren- 
dering eflective her powder and ball as arc sails to an ordinary man-of-war; and 
therefore coals were promptly declared by France and England, very properly, 
to be as much contraband of war as are sails and sail-cloth, or powder and ball 
and cannon. 

The undersigned cannot doubt but these fiicts are as ftimiliar to the otficer of 
the Brazilian government who gave such material aid to the pirate Sumter " to 
continue her voyage" of piracy against the commerce of the United States as 
they unquestionably are to your excellency; and it must 'have been equally 
manifest to the governor of Maranham that he was furnishing a jnrate with the 
means of interru[)ting American commerce in the discharge of the peaceful, and 
to Brazil not unprotitable, business of carrying from her shores, for consumption 
by the people of the United States, more than half of her entire coffee crop, 
amounting in value to between fifteen and tAventy millions of dollars. The 
United States, as one of the earliest friends of Brazil, most sedulously cultivates 
her friendship and buys from her and consumes more than half of her great sta- 
ple, although Brazil takes from the United States in exchange less than two 
millions of her products; leaving a balance against the United States of nearly 
or quite fifteen millions of dollars annually, which is liquidated in gold; and if 
she were noM' promptly to refuse admission within her ports of every production 
of Brazil, both your excellency and all civilized communities Avould be compelled 
to concede that it would be no more than just, provided the government of Bra- 



INSURGENT PRIVATEERS IN FOREIGN PORTS 87 

zil were to indorse and appi'ove of the ji'rops broach of neutrality so openly and 
iusnltinfi'ly perpetrated by the {::overnor of ^laranham. 

Bnt the luulersipied has no apprehensions on this subject. While feeling 
deeply, and prepared to resent warmly this outi'age upon the rights of his country, 
this attempt to exalt the traitors now in rebellion against his government into 
the equals of that country, this insulting assumption that the piratical vessel of 
a band of rebels without a flag, a government, or a nationality, is in all things 
the peer of the United States of America, and entitled at the hands of Brazil to 
equal honor, consideration, and hospitality — he does not for a moment douljt that 
the government of Brazil will take an earh^ occasion to disclaim the insult which 
has been offered to the United States of America by the conduct of the governor 
of Maranham, in giving material aid and protection to a piratical vessel, especially 
chartered to prey upon American commerce, and also for the language used in 
his reply to the consul of the United States. He is not only encouraged in this 
conclusion by his confidence in the friendly feelings of the government of Brazil 
toAvards the United States, but by the explicit declaration of your excellency in 
the general assembly of Brazil in August last, in relation to this very question, 
involving the treatment of rebel privateers by the authorities of Brazil. And 
even if he could permit himself to doubt the friendly feelings and intentions of 
the Brazilian government toAvards the United States, which he certainly cannot 
and does not, he feels assured that your excellency Avill concede that, even if oiu* 
rebels were our equals and had been acknowledged by all the powers of the 
world as possessing a nationality and the right to issue letters of marque which 
nationality confers, the conduct of the governor of Maranham would have con- 
stituted a gross breach of neutrality calling for rebuke and punishment. Vattel, 
than whom is no better authority in regard to the duties and rights of neutrals, 
thus simply and plainly discourses on the subject: 

"Neutrals can give no assistance when there is no previous stipulations to 
give it, nor voluntarily furnish troops, arms, ammunition, or anything of direct 
use in war J" 

Apply the language of Vattel, "or anything of direct use in tear" to the 
governor of Maranham's deliberate assertion that it was his right to gi^^e to the 
pirate Sumter the necessary " provisions and coals for the continuance of her 
voyage," and the absurdity and wickedness of that position becomes manifest. 
Without the coals, (contraband of war,) which the officer of the government of 
Brazil permitted the Sumter to receive in the port of Maranham, it is admitted 
by that oflicer himself that the pirate steamer could not have continued her voy- 
age of extermination against the commerce of the United States on the coast of 
Brazil; and this isolated fact clearly characterizes the nature of the offence of 
which he Avas been guilty and the flagrant breach of neutrality involved in it, 
and in addition furnishes ground for conjecture in regard to the extent of mis- 
chief Avhich it is too probable has arisen from it. It cannot be unknoAA'u to 
your excellency that in consequence of this piratical steamer having thus been 
supplied by an officer of the Brazilian goA'ernment with the provisions and coals 
necessary to continue her voyage against the commerce of the United States, 
not less than thirty vessels sailing under the flag of our country are noAv lying 
idle in this harbor of Rio Janeiro, blockaded by a corsair virtually fitted out 
ancAv in a Brazilian port, and by an officer of the Brazilian government ; and 
that American merchants, after having purchased cargoes of coffee, the great 
staple of Brazil, are compelled to permit their OAvn ships to lie idle, at enormous 
expense, Avhile they charter the vessels of other poAvers to transport their pur- 
chases of Brazilian products to the ports of the United States. And all this 
because an officer of the government of Brazil has violated his duty, and 
virtually armed a freebooter and pirate against American commerce. 

The undersigned desires to be distinctly understood that in quoting from 
Vattel the clearly defined rights and duties of neutrals he does not, either for 



88 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

liimself or in behalf of liis government, concede to the rebels any of the rights 
of belligerents, or to nations in amity Avith the United States, the power to con- 
cede them such rights, and the fiu-ther right of assuming for themselves the 
privileges and immunities of neutrals. Traitors in rebellion against the gov- 
ernment of the United States occupy temporarily a position which, in conse- 
quence of the climate by Avhich they are surrounded, renders them inaccessible 
for a few months. In the meantime the government of the United States or- 
ganizes, equips, and calls into the field, for the piirpose of putting down the 
rebellion, a larger army than is possessed by any other government on earth, 
whether barbarian or civilized. This army is composed of material which a 
distinguished English writer says never has been equalled. It is furnished with 
all the arms and materials of war known to modern warfare ; and it possesses a 
commissariat, quartermaster's department, and wagon train which has never 
been surpassed in any European army. No statesman doubts the result. Not 
one moment of unnecessary delay has been pennitted to suspend the right of 
our government to put down the rebellion. We neither ask nor desire unusual 
time to punish the traitors and restore peace to the country, but stand pledged to 
the Avorld — a pledge guaranteed by our actions — to bring this disturbance to an 
end at the earliest day that Providence, by the alternations of the seasons, Avill 
permit. And if it be the right of every sovereign nation to compel obedience 
to law and suppress rebellion, then, most assuredly, the nation thus called upon 
to discharge a great duty, not only to itself but to the cause of good order and 
legitimate government throughout the Avorld, is entitled to a reasonable time 
within Avhich to perform it ; and every attempt on the part of other nations to 
abridge that time, or to claim for themselves the rights of neutrals as betAveen 
the nation so situated and its rebels, is absolutely unfriendly, and calculated, if 
not intended, to embarrass her. We deny in tofo the right of any friendly 
nation to degrade the United States to the condition of our rebels, or to exalt 
them to our position, by denominating them "belligerents" iintil Avithin reasonable 
time Ave shall have made an effort to put doAvn the insurrection Avhich now exists. 
Wlien that attempt has been made Avithout unnecessary delay and iiiiled, then, 
and not till then, may they be termed "belligerents;" and then, and not till 
then, may other nations place themselA'CS in the position of "neutrals" in regard 
to us and our rebels. The undersigned is aAvare that England hastened to take 
the position that our rebels are belligerents simply because she hoped thus 
to aA'oid the necessity of capturing the rebel priA'ateers as pirates, and that lier 
act has been followed by other poAvers. But the act Avas deemed hasty and ill- 
timed, CA'en by the English public, and was far from being considered a friendly 
one by the American people; and time Avill demonstrate that it Avas as uuAvise 
as it Avas manifestly unfriendly and unncighborly. When a rebellion occurs in 
any Avell regulated community and the government is proceeding Avith all haste 
to put it down, it is not a friendly act in other goA-ernmcnts to interfere pending 
the measures resorted to to suppress such rebellion and declare such rebels bel- 
ligerents and assume to themselves the rights and the positions of neutrals. 
And the day will come in the history of the world when those Avho have inau- 
gurated this practice for purely selfish purposes may have cause sincerely to 
regret it. 

The undersigned is led into these remarks by the attempt on the part of the 
governor of Maranham to assume for the government of Brazil the simple and 
Avell defined rights and duties of a neutral, Avhicli the undersigned insists is 
not her actual position in regard to the rebellion now existing in the United 
States, and Avhich, even if such Avere the position of Brazil, has been grossly 
violated by the governor of Maranham. Brazil has other and higher duties to 
perform tOAvards her friend, neighbor, and chief customer; and it Avill not be 
until after the United States, in the approaching Avinter months, has made the 
attempt and fiiiled to put doAvn the existing rebellion that Brazil, or any other 



INSURGENT TRIVATEERS IN FOREIGN PORTS. 89 

friendly power, will, in a moral point of view and by the universal standard of 
right and wrong, be at liberty to treat our rebels as l)elligerents, and thus indi- 
rectly acknowledge their independence. But as the undersigned has said in a 
previous despatch, "while the United States appreciate the good wishes of all 
M-ho love order and maintain obedience to authority, they solicit iio sympathy 
and will tolerate no interference from any quarter with their sovereign and in- 
alienaljle right to put down rebellion and to punish traitors in the mode and after 
the manner which to them may seem expedient." All that is asked, therefore, 
of your excellency is : 

First. Whether the government of Brazil has been officially advised of the 
visit of the piratical privateer Sumter to the port of Maranham, and of the fact 
that she was there permitted, in the language of the governor,^ to lay in the 
necessary "provisions and coals to continue her voyage," which is well known 
to have for its sole object the capture of American vessels employed hi peaceful 
commerce with Brazil? 

Second. Whether, as the undersigned hopes and has some reason to believe, 
this gross violation of neutrality and most unfriendly act towards the United 
States has not already been disapproved by his Majesty's government ; and if 
not, whether your excellency will not, at your earliest convenience, take the 
necessary measures to place this matter on a proper and friendly footing % 

Third. Whether it is or is not the intention of the Brazilian government to 
permit the piratical letters of marque and privateers of the rebels of the United 
States to enter into the ports of Brazil, and there find succor and material aid — 
"provisions and coal — to continue their voyages " against the commerce of the 
United States % 

In conclusion, your excellency will perceive that in this despatch the under- 
signed has intentionally avoided any consideration of the grave absurdity as- 
sumed by the governor of Maranham, that the piratical privateer Sumter is a 
" man-of-war." If the government of Brazil should ever fall into any such 
error, it will then become the duty of the undersigned to endeavor to correct the 
mistake ; but until then it is passed by as the vagary of one who, having know- 
ingly done wrong, seeks to justify himself by an assumption created and adopted, 
for the exigency. 

Your excellency will perceive hoAv desirable it is that the undersigned should 
be honored with a reply to this despatch in time to be forwarded to his govern- 
ment by the steamer of the 8th instant ; because if this existing state of affairs 
is to be continued, clearing vessels from the ports of the United States to Brazil 
must be at once suspended by our government, it being absolutely impossible 
to protect them against piratical cruisers, harbored and permitted to replenish 
their outfits in the numerous ports of this kingdom. 

The undersigned avails himself of this occasion to renew to his excellency 
his sincere personal respects and unfeigned regards, and desires to convey to 
him his most distinguished consideration. 

J. WATSON WEBB. 

His Excellency Senhob B. A. de M. Tacques, 

Coumcllor and Secretary of State for Foreign Affairs. 



Mr. Seward to Mr. Wehh. 



[Extract] 
;fq^Q X6.1 Department of State, 

Washington, January 16, 1861. 

Sir : Your despatch of November 23, No. 5, has been received. The reasons 
why not only a good understanding, but a cordial friendship, should exist be- 
tween Brazil and the United States are so many and so obvious, and the evi- 



90 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

dencos of thh conviction given by the Emperor on liis part are so frank, tliat 
we should not willingly exaggerate the delay of the minii^ter for foreign affairs 
to reply to your note on the subject of the proceedings of the governor of 
Maranham. 

********* 

James Watson Webb, Esc^., <^.-., S^-c, S^x. 



Mr. Webb to Mr. Scivard. 



No. 6.] Legation of the United States, 

Rio Janeiro, December 23, 1861. 

Sir : I forward lierewith the reply of tlie secretary of state for foreign affairs 
to my despatch of the 1st of November on the subject of the pirate Sumter. 
My reply, marked No. 2, is the best commentary I can make upon this very 
extraordinary document. 

The despatch from the foreign office bears date December 9, and it reached 
me on the 13th. My reply, which bears date on the 17th, was not C|uite fin- 
ished when the French steamer arrived announcing the fact that one of the 
confederate cruisers had arrived at and was lying in the docks at Southampton. 
This fact will, of course, strengthen this government in its position, but it could 
not in any way affect or influence me in the course which my judgment and 
feelings liad indicated as the one proper to adopt. 

The same steamer brought a telegram, said to have been received at Lisbon, 
announcing that one of our steamcrs-of-war had stopped, on the high seas, the 
British West India mail packet from St. Thomas, and taken out of her the 
rebels and ex-senators. Mason and Slidell. It, of coui-se, produced great excite- 
ment here ; and holding, as I do, that it is the imperative duty of a public min- 
ister to sustain, in every contingency, the action of his government, I could not 
resist a reference to our right to make such a seizure according to Lord Stowe, 
in consequence of our rebels having been recognized by England as belligerents. 
The reference will be found on page — of my despatch, and is based upon 
Wheaton, pp. 529 and 530. 

I have made the necessary application for an exequatur in the case of Mr. 
Lindsay, which has issued accordingly. 

I have the honor to be, very respectfully, your obedient servant, 

J. WATSON WEBB. 

Hon. William H. Seward, 

Secretary of State of the United States. 



Mr. Taques to Mr. Webb. 
[Translatioa.] 



Department of Foreign Affairs, 

liio Janeiro, Decemhcr 9, 1861. 
The undersigned, member of the council of his Majesty the Emperor of Bra- 
zil, his minister and secretary of state for foreign att'airs, has the honor to ac- 
knowledge the reception of the note which, under date of the 1st of November 
last, General J. W. Webb, envoy extraordinary and minister plenipotentiary of 
the United States of America, addressed to him, calling the attention of the 



INSURGENT PRIVATEERS IN FOREIGN TORTS. 91 

underfignocl to tlio procodures of the president of the province of Maranliam in 
regard to tlie steamer Sumter, which made harbor there, carrying the flag of the 
States, so-caUed Confederate States of America, which find themsfdves in re- 
bellion and at war against the United States. 

By his note of the Gth of the same month j\Ir. Webb transmitted to the nn- 
dersigned copy of the protest which Commodore Porter, commanding the United 
States frigate Powhatan, presented to the president of ]\Iaranham, and as the 
grounds of that protest are the same as for the above cited note of Mr. Webb, 
the undersigned, in responding to this will have responded to the other. 

Mr. Webb apprehends that the president of the province of Maranliam hav- 
ing allowed that steamer to remain for some days at the port of that capital, and 
permitted her to supply herself with coal, thereby grave offence Avas committed 
to his government, and tliat neutrality broken Avliich the imperial government 
declared it would strictly maintain during the strife which is prolonged in the 
United States. Mr. "Webb, entering into long disquisitions, in which the prin- 
ciples and rules of the Luv of nations are set forth in a mode, y\\nch to the un- 
dersigned does not appear to be correct, concludes by asking three questions, to 
wit : first, whether the imperial government had received official notice of what 
occurred at Maranham in that emergency ; second, whether the acts of the pres- 
ident of Maranham were not yet disapproved, and in such case if the under- 
signed would take the measures necessary to place this matter upon the tooting 
of the proper relations of amity ; third, whether it is the intention of the un- 
perial government to permit the cruisers of the rebels in the United States to 
enter and procure in the ports succor and material aid for continuing their 
cruises against American commerce. 

Mr. Webb dwells upon showing that the United States constitute one of the 
great powers of the earth, which have always maintained their nationality against 
foreign aggression, which, having at this day to suppress a rebellion of some 
States, shows means and resources superior to those which the most powerful 
nations in the world, civilized or barbarian, have brought into action in their 
wars ; and that as soon as the season admits of convenient military operations 
the rebels will end their career on the scaffold or the gallows ; that the United 
States are ancient friends of Brazil, which has with them the most advantageous 
and extensive commerce, and that the States which entitle themselves confed- 
erate do not form a nation recognized by any power. 

The undersigned, acknowledging the verity of the assertions of Mr. Webb in 
relation to the power and resources of the United States, to its fi-iendly relations 
with Brazil, and the advantages of its trade, assures Mr. Webb that the gov- 
ernment of Brazil offers up sincere prayers that God will suggest to the rulers of 
both the sections of said United States honorable means for ending the effusion 
of blood and all the calamities of civil war. 

That war is more terrible the greater the resources and the more numerous 
the armies, and nothing can be more injurious to the prosperity of the United 
States, as well as to the commerce of the civilized world, and especially of 
Brazil. 

As for the Confederate States, not an act of the Brazilian government, or of 
its agents, not a single official assertion can be produced which involves a recog- 
nition of those States as a nation sovereign and independent. What has hap- 
pened at IMaranham is in proof of this truth. The frigate Powhatan was received 
with demonstrations of courtesy which were due to the flag of a friendly nation ; 
no salute was given to the flag borne by the Sumter, and that the o})inion of the 
president of the province might be understood the salute from that steamer Avas 
not added on the 7th of September to those of the vessels-of-war A\hich cele- 
brated the anniversary of the national independence. 

The government of Brazil admits purely and simply that which it derives 
from the fact — notorious and incontestible — that the States referred to were found 



92 INSURGENT PRIVATEERS IX FOREIGN PORTS. 

to be swayed by a government de facto, acting with permanency, having in tlie 
field an army of many tens of thousands of armed soldiery, armed and equipped 
in a manner which might make, and, in fact, does make, war ; that is, it recog- 
nizes in those States the rights and duties of belligerents in conformity with the 
law of nations. The convenience of trade, the usage of nations, and even 
humanity, counsel, imder such conditions, this recognition, so that the evils in- 
separable from a state of war may be restricted to those whom the law of 
nations of the Christian world consider authorized to recur to this terrible 
necessity. 

This attitude is what, in relation to the said States, the great maritime 
powers of Europe have taken ; and the same fact, as well as the rights and 
duties of belligerents, have been recognized in the decisions of courts of justice 
in the United States. 

Impartiality in the manner of treating both the contending parties, and con- 
sequently the recognition of the rights of belligerents, at the same tiine the 
interests of commerce also, and the love of peace, in the absence of engagements 
to the contrary, counsel neutrality. 

Mr. Webb confounds, if it be permitted to say so, the recognition of a fact 
and of the rights of belligerents as the recognition of independence and 
sovereignty in behalf of the territory in rebellion. 

Foreign powers are not judges between rebellious subjects and their sovereign 
or government ; so, also, they are not judges between two nations. To be 
respected by them, they respect and treat both contracting parties with exact 
impartiality. 

In like manner as a sovereign or government respected as legitimate would 
have the right to treat as an enemy any power which should give aid to its 
rebellious subjects, and obstruct the exercise of its rights to procure their sub- 
mission, so also "would rebels have the right to treat as enemies any power 
which should aid the sovereign or the government with which they are at war, 
or impede the undertaking of the measures proper to put an end to what they 
may suppose to be an oppression. 

In civil wars one of the belligerents may disappear through submission, as in 
international war he may disap]>ear through conquest. The conqueror has not 
the slightest right to call upon the powers who maintained an effective neutrality 
to give an account of the relations which they held during the war with those 
who were reduced to subjection by him. 

Long since the treaty of 1630 between Sjjain and England, that of the 
Pyrennees of 1659 between France and Spain, and that of 1662 between 
England and Holland, all cited by Hautefeuille, proved the recognition of the 
right of holding relations with the Low Countries and with Portugal, revolted 
against Spain, as Avell as Avith any of the English or Dutch possessions iu 
revolt against their sovereignties. 

The undersigned might cite the opinions of celebrated authors. It suffices, 
however, that he refer to facts, and recalls what has been the practice of the 
government of the United States. 

In the position in which, at this time, the States called Confederate find 
themselves, some time since in America the United States found themselves, 
and, after them, Brazil and all the republics which were colonies of Spain. In 
Europe, Greece and Belgium, and a little Avhile since, Hungary, Italy, and 
other countries. Mr. Webb knows what were the principles, what the steady 
action which the jiowers of Europe adopted, and his own government, also, in 
relation to all those peoples. He knoAvs that intercoui-se Avith them, and cA-en 
the recognition of their independence, Avas never considered as a breach of 
neutrality, or an offence to the governments which sought to reduce them to 
obedience, Avhether they succeeded or not. 

There is, then, nothing unusual or ucav iu the procedure of Brazil iu adopting 



INSURGENT TRIVATEEES IN FOREIGN TORTS. 93 

the position of a neutral in tlie contest alluded to, and in recognizinf:^ its exist- 
ence ; inasmuch as the rules of the laws of nations which reg-ulate the condition 
of war, and the relations of belligerents and of neutrals are applicable to the 
case. If the government of the Unit(;d States, in accordance with what Mr. 
AVebb savs, and Avhat is in the protest of Commodore Porter, bus reasons for 
attributing a like procedure by England to other motives, the undersigned can 
affirm to Mr. Webb that the imperial government has no motives beyond those 
which are explained by their justice, by the interests of commerce, by humanity, 
and even by the interests of the belligerents themselves. Since the Confederate 
States are recognized as having the rights and duties of belligerents, the military 
commissions regularly issued by them have the same effect as those issued by 
the acknowledged legitimate government. 

Mr. "VVebb is not in harmony with the decisions of the tribunals of his coun- 
try, and Avith the acts of his government, in so far as he seems to consider that 
a government which is not acknowledged cannot have vessels-of-war, and that 
letters of marque granted by it do not take from the vessel which takes prizes 
from the enemy the character of a pirate. 

When, therefore, an armed vessel appeared at Maranham, bearing the flag of 
one of the belligerents, when the commander of that vessel exhibited his com- 
mission as an officer in the navy of an existing government, and other docu- 
ments which proved that vessel to be public property, and not the property 
and adventure of individuals, the president of Maranham had to treat her as a 
vessel-of-war ; nor Avas that inferred from the fact of her having made prizes 
of merchant vessels — cruisers of war take them also. If, in place of being the 
property of the State and a war cruiser, the Sumter had presented herself simply 
as a letter of marque, she would have had the right to be treated as a privateer, 
and not as a pirate. 

Upon the question raised with Portugal in 1850 in respect to the American 
privateer Armstrong, burnt in the port of Fayal by an English frigate, it was 
shown how far the United States held that the duties of hospitality should be 
extended by a neutral to the privateer of a belligerent. 

Some powers have adopted as a rule not to admit to entry in their ports 
either the privateers or vessels-of-war of belligerents ; others are holden to do so 
under the obligations of treaties concluded with some of the belligerents before 
or during the war. Brazil has never placed herself in this exceptional condition, 
but under the general rule which admits to the hospitality of her ports ships-of- 
war, and even to a privateer compelled by stress to seek it, provided she brings 
no prizes, nor makes use of her position in such ports acts of hostility by taking 
them as the basis for her operations. 

The rule adopted by civilized nations is to detain in port vessels equipped for 
war until twenty-four hours after the departure of any hostile vessel, or let 
them go, requiring from the commanders of vessels-of-war their word of honor, 
and from privateers pecuniaiy security and promise, that they will not pursue 
vessels which had left port within less than twenty-four hours before them. 
Nor do the rules of the law of nations, nor usage, nor the jurisprudence which 
results from treaties, authorize a neutral to detain longer than twenty-four hours 
in his ports vessels-of-war or privateers of belligerents, unless it could be done 
by the indirect means of denying them facilities for obtaining in the market the 
victuals and ship's provisions necessary to the continuance of their voyages. A 
neutral who should act in this manner, incarcerating in his ports the vessels of 
one of the parties, would take from one of the belligerents the exercise of his 
rights, turn himself by the act into an ally and co-operator with the other 
belligei'ent, and would violate his neutrality. 

Without a previous declaration, before the principles adopted in Brazil and in 
the United States being known, such a proceeding on the part of the Brazilian 



94 INSURGENT TRIVATEERS IN FOREIGN PORTS. 

authorities towards the Sumter wouhl take the character of a snare, wliich 
would not meet the esteem or approval of any government. 

The hos])itality, then, extended to the steamer Sumter at Maranham, in the 
term? in Avhich it was presently afterwards given to the frigate Powhatan, 
involves no irregularity, reveals no dispositions offensive to the United States. 
It remains to know whether, in the exercise of this hospitality, the rights which 
restrict the commerce of neutrals with either belligerent were transgressed. 

This point involves the Avliole question, because Mr. Webb bases his argu- 
mentation and his complaints on the construction which he gives of contraband 
of war as to pit coal. 

He insists strongly, as did his consul at Maranham and Commodore Porter, 
on the idea that without coal the Sumter could not have continued her cruise. 
If this were a reason for forbidding the purchase of coal in the market, the 
States called Confederate would have the right to make the same complaint 
against the like permission presently afterAvards given to the Powhatan ; and if 
this reason could be brought forward in respect of coal, it could also be urged 
in respect of drinking-water and provisions, because without these none of these 
vessels could pursue their service. 

The articles which are forbidden to neutral commerce by usage and by con- 
ventional law, under the denomination of contraband of war, are designated 
according to their kind ; the list which includes them is constant ; conventions 
may extend or am})lify this list, but the commerce of neutrals cannot be exposed 
to seeing them amplified from day to day, and according to the impressions of 
the moment. 

The question, then, consists in knowing whether coal is on the list of articles 
contraband of war, as understood among civilized nations, and especially Brazil 
and the United States, or whether it can be assimilated to any of the articles 
comprised in the list before steam was applied, and, by consequence, to coal in 
the application now made of it on vesscls-of-war. 

Mr. Webb has facilitated, considerably, this discussion by declaring, with 
reason, that coal ought to be comprehended in the category of naval munitions, 
and is in the same case as canvas, which is the material used for the propulsion 
of sailing vessels, as combustibles are used for steamers. 

Mr. Webb is evidently mistaken in athrming that naval munitions, and among 
them canvas, are counted among articles contraband of war. 

The undersigned will not here refer to the history of all the discussions which 
since the 16th century have arisen from the pretensions of some European states 
to include naval munitions among articles contraband of war. The Avritings of 
authoritative publicists, especially of Mr. Wheaton, are at hand to demonstrate 
the space that the question Avhether naval munitions shall or not be included 
in the list of contraband articles filed in the declarations of armed neutrality of 
1780, and in other transactions which assumed that for basis, and caused their 
adoption. 

Sutficient are the inconveniences which maritime war ineA'itably brings upon 
the connnerce of neutrals, and ideas more humanitarian and more liberal always 
have the effect to restrict as much as possible the disturbances imposed upou 
that commerce. The part taken by the United States of America in these dis- 
cussions redound to her glory, as well as the continued efforts she has made to 
secure the success of just laws. 

On every occasion Avhen it has been possible for them to strengthen the free- 
dom of trade by articles of treaty, they have done so. Thus in the first treaty 
which is found in their collection, (Gordon's Digest,) which was that concluded 
with Prussia in Octob(;r, 1782, the following was stipulated in article 24 : 

"All the effects and merchandises not before specified expressly, and even 
all sorts ui naval matters, however proper they may be for the construction and 



INSURGENT TRIVATEERS IN FOREIGN PORTS. 95 

equipment of vessols-of-Avar, or for the mani;facturc of one or anotlier sort of 
machines of war hy Lmd or r»ca, xhciU not he judged contraband." 

The same doctrine is found established in a manner still more explicit in 
article 13 of the treaty concluded with France on the 3()th of September, 1780, 
and in article 10 of the treaty of the 23d of April, 1783, with Hweden. 

Both the article of the treaty with Prussia and the last were confirmed by 
conventions subsequently made with the same powers in 1827 and 1828. 

The United States made such constant efforts to estahlish and settle this doc- 
trine, that the clear and explicit provisions of the treaty with Sweden Avere re- 
produced in those which they concluded with Spain, in 1785, with the republics 
of Columbia, of Central America, of Mexico, of Chili, of Venezuela, of Bolivia, 
and of Ecuador, in the years 1824, 1825, 1831, 1832, 1836, and 1839. 

Be as they may the stipulations of the United States with other powers, 
that which is opportune to consider for application to the case now occurring 
are the stipulations they have with Brazil. These are found in articles 16 and 
17 of the treaty concluded on the 12th of December, 1828, which says thus : 

"Art. 16. * * * Under this name of contraband, or prohibited 

goods, shall be comprehended, 1st, cannon, mortars, howitzers, swivels, blun- 
derbusses, muskets, fusees, rifles, carbines, pistols, pikes, swords, sabres, lances, 
spears, halberts, and grenades, bombs, powder, matches, balls, and all other 
things belonging to the use of those arms ; 2d, bucklers, helmets, breastplates, 
coats of mail, infantry belts, and clothes made up in the form and for a military 
use ; 3d, cavalry belts and horses, with their furniture ; 4th, and generally 
all kinds of arms and instruments of iron, steel, brass, and copper, or of any 
other materials manufactured, prepared, and formed expressly to make war by 
sea or land. 

"Art. 17. All other merchandises and things not comprehended in the 
articles of contraband expressly enumerated and classified as above, shall be 
held and considered as free, and subjects of free and lawful commerce, so that 
they may be carried and transported in the freest manner by both the contract- 
ing parties, even to places belonging to an enemy, excepting only those places 
which are at that time besieged or blockaded." 

Still, as this treaty in what regards navigation and trade has expired, these 
provisions can only be cited as simple indications 'of the doctrine, but still as 
urgent and obligatory, because it must be understood that they have for their 
object peace and friendships, and are therefore such as, by section 1 of article 
33, it is determined are to be permanent. 

By the steadiness with which the United States insisted on inserting this 
limitative clause of articles contraband of war in all the treaties they have con- 
cluded with the American nations over which certainly it would rather be the 
case they would exercise influence than be influenced by tlunn, it follows that it 
was by their effort and steady desire to cause this clause to be adopted at least 
as an incontrovertible point of the law of nations in America; yet in Euro})e it 
has not been possible ever to give it this character, notwithstanding the efforts 
of the nations of the Baltic, of France, and of the United States?. 

Nowadays, that better princijiles prevail ui Europe, it will not be possible 
for the government of the United States to set up a pretension contrary to all 
its past without exposing itself to the charge of abandoning, now that it is a 
belligerent, the principles Avhich it sustained when it had the prospect of being 
always neutral amid European wars. 

Mr. Webb asserts that in the last war against Russia coal was declared to be 
contraband. Mr. Webb does not enforce his assertions with any documentary 
proof, and it is permissible to believe this is a mistake on his part. Heff"ter, 
in his " International Law of Europe," translated by Bergen, edition of 1857, 
speaking of steam-engines and of coal, says as follows : " They are not, there- 
fore, by their nature, in the number of prohibited articles of merchandise. We 



96 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

must, in fine, observe that during the hist war in the east the allied powers 
practiced the most liberal principles ; that they only comprised under the name 
of contraband arms, ammunition, and objects intended solely for the uses of war, 
by maintaining in these res})ects the provisions of existing treaties ; that, in 
fine, prohibitions to export only applied to the territories respectively of the 
belligerents. This fine example will, without doubt, not be lost sight of in 
future maritime wars." 

Beyond this, in the " Moniteur Universal" of the 6th of April, 1854, was 
published a declaration of the Danish government, in which definition is given of 
tbe articles which constitute contraband of war, and coal is expressly excepted, 
and this act did not call forth any remonstrance on the part of belligerents. 

That belligerent states, in considering, by reason of special circumstances, pit 
coal or other kinds contraband of war, only included that neutral or carrying 
trade for supplying the enemy, and applied confiscation to things of this sort 
found on the way to the ports or to the troops of their adversaries, can be com- 
prehended . and justified as a doctrine held by some governments and writers; 
but to seek to prohibit to neutrals in their own territory the sale of similar arti- 
cles is an exorbitant pretension, which has no support in any precedent in the 
history of the laAv of nations. 

While sustaining the true principles Avhich are without controversion received 
upon this subject, the undersigned begs Mr. Webb to keep in view the difference 
there is between a government supplying a belligerent with any articles and 
alloAving him to provide for himself in the markets, and will invoke in his favor 
an authority which will do away with every cause for claim in the case of the 
Sumter wliich he could still have, as to whether he should consider naval pro- 
visions contraband or not ; that authority is that of " Kent's Commentaries on 
American Law," part 1, sec. 1 : 

" It is a general understanding, grounded on true principles, that the powers 
at war may seize and confiscate all contraband goods, without any complaint 
on the part of the neutral merchant, and without any imputation of a breach of 
neuti'ality in the neutral sovereign himself. It was contended on the part of the 
French nation in 1796 that neutral govenimeiits were bound to restrain their 
subjects from selling or exporting articles contraband of war to the belligerent 
powers. But it was successful! y slioini on the part of the United States that 
neutrals may lairfnlJy sell at home to a belligerent purchaser, or cany them- 
selves to the belligerent powers contraband articles subject to the right of seizui'e 
in transitu. This right has since been explicitly declared by the judicial au- 
thorities of this country. The right of the neutral to transport and of the hostile 
power to seize are conflicting rights, and neither party can charge the other with 
a criminal act." 

According to this exposition, the undersigned considers that he has responded 
to the questions which in his note of the 1st of November Mr. Webb addressed 
to him. 

All the considerations — into which Mr. Webb enters largely — to show the 
commercial importance of the friendship of the United States for Brazil are con- 
tinually in view of the government of his Majesty the Emperor. The sincere 
desire to preserve that friendship cannot counsel any other policy than that of 
the most complete neutrality in the strife which has unhappily broken out. 

The extensive consumption of Brazilian productions in the United States 
finds its theatre as much in that portiou which is subject to the general govern- 
ment as in the portion in rebellion. Whatever may be the eventuality of the 
civil war, Brazil desires to preserve the relations of friendship which it has cid- 
tivated with the United States, and it will never be by its fault, intention, or 
aid that this pacific and lawful commerce will become exposed to depredations 
and risks. It executes impartially the judgments of law; without that there 



INSURGENT PRIVATEERS IN FOREIGN TORTS. 97 

can be impiitcd to it consoqiiences wliich are not in conformity with the interests 
of any parties. If American merchant vessels have not ventured to reach these 
seas, it is not because at Maranham a rebel cruiser bought coal ; it is because 
there are privateers and cruisers at sea, and with that Brazil cannot in any way 
be held connected. 

Commercial relations grow out of the action, purely vohmtary and free, of 
the citizens, and are always imderstood to be in conformity with the interests 
of both parties. The undersigned entertains the well-foiuided confidence that 
the govei'nment of the United States will not understand the obligations of 
neutrality and the rights of friendly powers in relation to the rebels in a manner 
differing from that in which the government of Brazil and all other nations 
understand them. But if, unhappily, this confidence should be illusory, and if 
by reason of occurrences such as that of the Sumter, in which no intention can 
be presumed for offending or causing injury to the United States, its govern- 
ment, through hostility to Brazil, should take recoiu-se to the extraordinary 
measures described by Mr. Webb, by placing obstructions on commerce, it would 
do an unjustifiable act of manifest wrong and oppression to its own citizens. 
The undersigned therefore steadfastly hopes that such Avill not happen, and 
still considers that such conjectures need not be the subjects of discussion. 
Not less does the undersigned confide in the justice and enlightenment of the 
government of the United States than in the lofty character and cidtivated in- 
tellect of their distinguished representative at this court, that the action of the 
imperial government will be appreciated as it merits, and that this frank expo- 
sition of its views will be received as another proof of its loyalty and of the 
integrity of its purposes. 

In concluding this somewhat long note, the undersigned avails himself of the 
occasion to renew to Mr. Webb the assurances of his high consideration and 
perfect esteem. 

B. A. DE MAG'ES TAQUES. 

Mr. J. W. Webb, ^x., S^v., .^v. 



Mr. Webb to Mr. Taqucs. 



Legation of the United States, 

Metropolis, December 17, 1861. 

The undersigned, envoy extraordinary and minister plenipotentiary from the 
government of the United States of America, has the honor to acknowledge the 
receipt of the despatch of his excellency Senor B. A. de Magalhses Taques, 
counsellor to his Imperial Majesty, minister and secretary of state for foreign 
affairs, bearing date December 9, 1861, in reply to the communication Avhich he 
had the honor to address his excellency on the 1st November, calling the atten- 
tion of the Brazilian government to what the undersigned considered, and still 
considers, an unfriendly act towards the United States and a gross breach of 
neutrality by the president of the province of Maranham, who is an officer of 
the imperial government, and holds his place directly from his Majesty the Em- 
peror. That personage permitted a piratical steamer, belonging to citizens of 
the United States in rebellion against their government, to enter the port of 
Maranham and there remain for a period of nine days, dimng which time she 
was permitted to display a flag unknown and unrecognized by the established 
governments of the world, and, by consent of the president of Maranham, was 
supplied with provisions and coal to prosecute her voyage, which avowedly had 
no other object or purpose but to prey upon and destroy the commerce of the 

H. Ex. Doc. 104 7 



98 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

Uniterl States?, one of the great powers of the earth, in amity with the imperial 
government of Brazil. 

In the communication of the undersigned, to -vvhich your excellency's despatch 
purports to be a reply, he proposed to your excellency certain questions, which 
are recognized and set forth in your excellency's reply, for the purpose, appa- 
rently, of being ansAvered. Indeed, your excellency recapitulates those ques- 
tions, and also — alluding to Commodore Porter's protest, a copy of which the 
undersigned enclosed to your excellency in order that the history, conduct, 
and piratical character of the steamer Sumter might be known to you, and not 
as indorsing its language or sentiments in regard to other powers — distinctly 
says that, in ansAvering these questions and the despatch of the undersigned, he 
will have replied also to the protest made by Commodore Porter; and yet the 
undersigned cannot discover, in the long and able despatch referred to, the 
promised answer of his excellency, so much desired by the undersigned, and 
which is doubtless so eagerly looked for by the govenmient of the United States. 

Your excellency assures the undersigned that the course of Brazil in regard 
to the existing rebellion in the United States has been proclaimed, and is well 
understood to be one of perfect neiitrality. Such, most assuredly, was the sup- 
position of the undersigned when he wrote his communication of the 1st of No- 
vember, but it was based solely iipon the declaration of your excellency, reported 
to have been made officially to the general assembly of Brazil pending its last 
session, in which, in behalf of and in the name of the imperial government, your 
excellency is reported to have said that, in preserving the neuti'ality of Brazil, 
neither privateers nor vessels sailing under letters of marque would be permitted 
to enter any of the ports of Brazil, except forced to do so by stress of weather. 
And the undersigned has reason to know that since such reported declaration 
of your excellency the same sentiment, as embodying the purposes of the impe- 
rial government, had been reiterated in your official conversations. Still, the 
undersigned was without any tangible evidence or official statement of the views 
of the imperial government of Brazil upon this all-important subject which it 
could transmit to his goveniment ; and therefore he begged to be officially en- 
lightened upon the subject, and propounded to your excellency the questions 
which are conceded to be proper and appropriate, and Avhich your excellency 
quoted for the purpose of answering, but to which, in the hurry inseparable from 
the vast extent of business of your elevated station, you omitted to respond. 
The undersigned will therefore, he feels assured, be pardoned for now repeating 
the questions contained in his despatch of the 1st November, the relevancy of 
which has been conceded, A'iz : "1st. Whether the government of Brazil has 
been officially advised of the visit of the piratical privateer Sumter to the port of 
Maranham, and of the fact that she was permitted, in the language of the gov- 
ernor, to lay in the necessary provisions and coals to continue her voyage, which 
is well known to have for its sole object the capture of American vessels em- 
ployed in peaceful commerce with Brazil 1 2d. Whether, as the undersigned 
hopes and lias some reason to believe, this gross violation of neutrality and most 
unfricndlv act towards the United States has not already been disapproved by 
his Majesty's government ; and if not, whether your excellency will not at your 
earliest convenience take the necessary measures to place this matter on a proper 
and friendly footing ? 3d. Whether it is or is not the intention of the Brazilian 
government to permit the piratical letters of marque and privateers of the rebels 
of the United States to enter into the ports of Brazil, and there to find succor 
and material aid, 'provisions, and coals, to continue their voyages' against the 
commerce of the United States?" 

As the well-settled policy of the imperial government is familiar to your ex- 
cellency, who constitutes a part of that government, it was quite natural to 
assume, as vou doubtless did, that its purposes are too well known to require 
iurther allusion to them; and hence, probably, the omission to give the under- 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 99 

signed the infonnation he sought to obtain in a tangibh? form for transmission to 
his government, with a view to allay the excitem(>nt which was inevitable upon 
the fact becoming known to our people that the privateer Sumter had been fur- 
nished Avith the means of continuing her depred;itions ujion American commerce 
in a port of Brazil, and by order of the president of jVIaranham, who holds his 
office from his Imperial Majesty Don Pedro II, with whom the government of 
the United States have ever maintained the most friendly relations. The under- 
signed, therefore, ventures to express the hope that lu; will be furnished at an 
early day with the information he seeks, and which is of primary im])ortance in 
doing away with misconceptions which have arisen in the United States in regard 
to the affair of the Sumter. Your excellency is in error and has misconceived 
the tenor of the despatch of the undersigned of the 1st of November, if he ima- 
gines that the writer in any way confounded the mere fact of the recognizing the 
rebels of the United States as belligerents with the recognition of their independ- 
ence as a nation. That recognition by England, followed by other poAvers, and 
since acted upon by Brazil without having put forth any document to which the 
undersigned can refer to illustrate her actual position, was simply to avoid the 
necessity of capturing the rebel privateers as pirates; but from the day of such 
recognition, which the undersigned believes to have been premature and unne- 
cessary, and which is looked upon by our people as an unfriendly act, she has 
done nothing to take from the rovers of the rebels the odium which so justly 
attaches to them as corsairs sailing the ocean without a recognized flag. 

It is your excellency and the government of Brazil Avhicli commits the iden- 
tical mistake charged upon the undersigned. If the president of Maranham, 
acting as the agent of the imperial government of Brazil, had treated the pirate 
Sumter as she wovdd have been ti'eated in any one of the ports of friendly na- 
tions, or if she had been peremptorily ordered to sea within twenty-four hours, 
and all coals and provisions refused her, as would have been the case if she had 
entered a port belonging to France, then there would have been no cause of 
complaint by the undersigned, as the representative of the American people, for 
a gross breach of neutrality, resulting in furnishing material aid to a notorious 
corsair whose sole object was to prey upon and destroy American commerce. 
But the representative of Biazil did not treat the corsair as she would have been 
treated by all the nations of Europe friendly to the United States, but, on the 
contrary, confounded the fact of the rebels of the United States being recognized 
as belligerents merely, with their recognition as an independent and sovereign 
nation ; and your excellency virtually adopts this assumption of the president 
of Maranham, by claiming for their steamer the nationality of a " vessel-of-war," 
and all the rights, privileges, and immunities Avliich a full and entire recognition 
of the independence of our rebels would have secured to their piratical cruiser. 
And in this connexion it is proper to say that the undersigned has attempted 
in vain to discover what possible additional advantage your excelhmcy could 
have conceded to the Sumter and the rebels of the United States, if they had 
been formally acknowledged by Brazil as an independent nation, which is not 
claimed for them in your recent despatch. You insist upon their equality in all 
respects. You claim for them every right and privilege from Brazil, as a neutral, 
which Brazil would be bound to extend to the national vessels of England or 
France if they were at war with the United States. You concede to them a 
nationality and all the rights and privileges of a recognized nation. You elevate 
their piratical cruisers to the dignity of " vessels-of-war ; " and then inform the 
American people, through the undersigned, that " in the same manner that a 
sovereign or government reputed legitimate would be right to be hostile to the 
power which aided the rebellious subjects, or impeded their rights to subjugate 
them, so in the same manner the rebels would have the right to do harm to the 
powers that aided the sovereign or government with whom they were at war, 



L.ofC. 



100 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

or -vvlio impeded the means employed by tliem to end what they believe to be 
an oppre^t^ion." 

And iig'ain, after claiming for the rebels every right and privilege which they 
could claim for themselves if they had been formally recognized as an independ- 
ent nation by Brazil, your excellency proceeds to say there is nothing either 
unusual " or new in the procedure of Brazil in adopting the neutral position m 
the struggle alluded to, and in acknowledging that it exists she must apply the 
rights of nations relative to war to the relations of the belligerents." 

It is clearly manifest, then, that your excellency, and not the undersigned, has 
confounded the hasty measure of recognizing our rebels as belligerents with the 
formal recognition of their independence ; and it is your excellency who, because 
they have been conceded to be belligerents, insists upon their having every 
right and privilege which the recognition of their independent sovereignty coiild 
have conceded. Hence you call their coi'sairs and privateers even but " vessels- 
of-war ; " and having thus clothed them with dignity, and given them a national 
character, you express astonishment that the representative of the United States 
near this imperial court should take offence at seeing his nation thus degraded 
to an equality in all respects with the traitors and rebels Avho are seeking to 
destroy the government which it is his pride to represent. 

What is said in regard to the treaty of 1630 between Spain and England, 
that of the Pyrenees in 1659 between France and Spain, and that of 1662 be- 
tween England and Holland — all conceding the rights of neutrals to trade with 
theu' rebels — is very well and true ; but the undersigned passes it by as having 
no bearing whatsoever upon this question under discussion. He has never 
complained of any attempt on the part of Brazil to trade with the rebels and 
enter their ports, but concedes her the right to do so at her peril from our block- 
ading fleet. Nor has he complained of her wish to preserve to herself a position 
of neutrality ; but he has formally complained that an officer of Brazil delibe- 
rately and offensively, and to the injury of American commerce, violated that 
neutrality ; and he now complains that your excellency, speaking in the name 
of the Brazilian government, insists upon treating our rebels, because recognized 
as " belligerents," precisely as if their independence had been conceded, and 
virtually avows that every right and every honor and every privilege and all 
the courtesy and hospitality due to a " vessel-of-war " belonging to the United 
States are equally due to the piratical cruiser of the rebel confederacy ! because, 
forsooth, an officer of the imperial government in authority at Maranham has, 
by a stroke of the pen, exalted a notorious corsair and most reckless and cruel 
pirate into a " vessel-of-war." 

The undersigned is, however, pleased to perceive that the justification for the 
conduct of the president of Maranham is placed solely upon the assumption 
that the Sumter was a "vessel-of-war," and, as such, entitled to all the courtesy and 
hospitality Avhich it is customary to extend to national vessels. The fact of her 
natianal character being admitted, all the reasoning of your excellency based upon 
that fact, and the conclusions to which they lead, are cheerfully conceded by 
the undersigned. In law, if an alihi is clearly proved, the charge of crime dis- 
appears ; and so with regard to the Sumter — if, instead of being a piractical 
cruiser belonging to traitors in rebellion against the United States, without a 
countiy or a nationality, and without a flag, even, Avhich is knoM-n to or recog- 
nized by any of the governments of the world, it should appear that sin; was a 
"vessel-(kf-war" belonging to a nation in amity with Brazil, whose flag is recog- 
nized, honored, and respected by the powers of the world, beyond all question 
the undersigned has been deceived, and his remonstrance against the hospitality 
extended to her, and the supply of coals furnished to enable her to prey upon 
American commerce, ftUl to the ground, and are of no effect. Now, what are the 
facts of the case 1 The undersigned is safe in saying that the character of the 
Sumter at the time .she visited Maranham was notorious throughout Christendom ; 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 101 

and to no one better known than to the president of Marnnliam. And her cor- 
sair commander so Avell knew her character and the notoriety Avhich attached to 
her act.s tliat he dared not openly sail into a Brazilian port, fearing, if Ik; did so, 
that the authorities, conscious of the friendly relations existing between Brazil 
and the United States, might detain her as a piratical cruiser preying upon the 
comnnirce of the United States with Brazil. He therefoi-e, while his vessel was 
yet outside the port, asked permission to enter ! Was this the act of a vessel- 
of-war — a national ship, proudly carrying at her peak her national standard % 
or was it not rather the appropriate proceeding of a pirate who trembled for the 
consequences of his lawless acts? The permission was granted, and she was 
further permitted to remain nine days in port, and supplied with provisions and 
coal whercAvith to continue her depredations upon American commerce. The 
people of Maranham indignantly rebuked the authorities for their gross breach 
of neutrality ; and then it was, and not till then, that in order to secure himself 
from a just popular indignation, the president of Maranham made the important 
discovery, aided no doubt by the pirate captain, that the Sumter was a "vessel- 
of-war." He so reports to your excellency, and your excellency, in good faith 
no doubt, accepts the absurdity, assures the undersigned that the Sumter was 
regularly commissioned as a man-of-war, and therefore was treated, from neces- 
sity, precisely as was subsequently treated the United States steamer Powhatan. 
And it was because this very strange ground had been assumed by the president 
of Maranham, as the undersigned learned from ^^our excellency, that he enclosed 
as soon as it came to hand a copy of Commodore Porter's protest as exhibiting 
the true character and antecedents of the Sumter. If the undersigned compre- 
hends the bearing of your excellency's despatch, the whole question turns solely 
iipon whether the Sumter was a vessel-of-war. Your excellency adopts the as- 
sumption of the president of Maranham, and having thus laid down your prem- 
ises, proceed to reason from the position assumed, well knowing if the position be 
erroneous, it follows of course that the conclusions arrived at from ftilse premises 
necessarily fail. The undersigned regrets extremely that one so qualified as is 
your excellency to determine Avhat constitutes a "vessel-of-war" should have been 
content with adopting the assumption of the president of Maranham, instead of 
enlightening the undersigned on the subject, and thus simplifying this question. 
And in the absence of such light as your excellency could have furnished on 
this question, the undersigned is compelled to give his own crude views upon 
the subject. A "vessel-of-war" must of necessity be a national vessel ; that is, 
private individuals banded together as such, no matter for what purpose, cannot 
create, or, the books have it, "set forth a vessel-of-war." That is the act of a 
nation ; and individuals in rebellion against a legally-established and long-recog- 
nized government, be they many or few, cannot "set forth a vessel-of-war" until 
they themselves have acquired a nationality by the recognition of their inde- 
pendence by other nations. 

" The mere employment in an enemy's military service is not sufficient." It 
requires a solemn act, " by competent authority," and that authority national, 
not individual, to make a national ship ; and national ships only are " vessels-of- 
war." It docs appear to the undersigned nothing less than an absurdity for 
the president of Maranham to insist that a band of lawless citizens of the United 
States, in rebellion against their government, can create, possess, and " set forth 
a vessel-of-war," clothed with a nationality which they themselves do not possess. 
The people in rebellion against the United States are not only treated as rebels 
by us, but are so held and treated by every Christian power, Brazil included. 
Your excellency scouts at the idea of your having recognized their independence 
or conceded to them nationality, because you choose to consider them " bellige- 
rents," and yet you give to one of their piratical cruisers a national character, 
and make her a national vessel, while you refuse to those who own her the 
nationality they so much covet. Without a solitary nation recognizing this 



102 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

nationality ; without the right to have a flag, and demand that it will be re- 
spected ; with every court in tlie world, Brazil included, closed against their 
representatives ; without a name or nationality of any kind, and everywhere 
tabooed as rebels, Brazil, without due reflection no doiibt, deliberately exalts 
their corsairs into " vessels of- Avar," and gives them a nationality and an equal- 
ity with the national vessels of England, France, and the United States ; dis- 
tinctly proclaiming that the rebel cruisers are entitled to every right and privi- 
lege, and all the hospitality and respect which by custom is extended to the 
ships-of-war of the nations of the civilized world. 

The undersigned Avill only add that, in his judgment, and according to the 
established theory of his government, an armed vessel, owned by individuals 
and having no nationality, which preys upon the commerce of any nation, is 
simply a pirate; and Avhile the doctrine of the president of Maranham, if 
adopted by his government, may make these piratical cruisers the equals of 
ships-of-war of all nations visiting ports of Brazil, and entitled there to receive 
similar honors, immunities, and hospitalities, the example will scarcely be fol- 
loAved by other nations. But it is a source of gratification to the undersigned 
to perceive in your excellency's despatch advocating this strange doctrine — and 
which, followed to its legitimate conclusion, compels Brazil to treat our rebels 
Avith all the courtesy and consideration extended to the most faA^ored nations, at 
the same time that she refuses to acknowledge their nationality or to receive 
their envoyt' — the eA'idence that in practice you do not cany out your theory, 
and that the fair and pardonable inference is, that the assumption of the presi- 
dent of Maranham that the Sumter Avas a national vessel Avas, as has been 
alleged, at the suggestion of the corsair captain himself, and that the imperial 
gOA^ernment have felleu into the error of assumiiig their agent to be right, Avith- 
out pausing to inquire Avhere such an assumption Avould lead, and Avliat Avould 
be the inevitable consequence upon the future position of Brazil in regard to 
great international questions. 

Your excellency, Avhen commenting upon the rights and priA^ileges of national 
vessels, and the hospitality to be extended to them, says : 

" When, therefore, an armed vessel appeared in Maranham, hoisting the flag 
of one of the belligerents ; Avheu the commander of that A'essel shoAved his com- 
mission as a naval ofiicer of an existing goccrnment, and other documents Avhich 
proved that vessel to be public and not priA^ate property, the president of Maran- 
ham Avas hound to treat her as a vessel-of-war ; nor could the fact of her having 
taken A^essels of commerce destroy that character, the cruiser of Avar doing the 
same "********* 
" The hospitality, therefore, extended to the steamer Sumter in Maranham, on the 
same terms as those immediately afterAvards given to the frigate PoAvhatan, does 
not shoAV any irregularity." 

And yet your excellency, in another part of your despatch, distinctly charges 
that the president of Maranham did not, as your excellency assures the under- 
signed it Avas his duty to do, treat the Sumter as a " A'essel-of-Avar" possessing 
a nationality and denominated a national vessel or a ship-of-Avar, entitled to the 
hospitality subsequently extended to her, and Avhich is now defended as her 
right to demand and the duty of Brazil to concede. The undersigned alludes 
to that passage in your excellency's despatch in Avhich he is distinctly assured 
that Avhile " the frigate PoAvhatan Avas received Avitli the demonstration of cour- 
tesy due to the flag of a friendly nation, the flag Avhich Avas raised on the 
Sumter Avas not saluted ; and the opinion of the president of the province being 
made known to them, the salute of that steamer icas not united on the 7th of 
November to those of the vessels-of-ioar Avhich Aveleomed the auni\ersary of the 
national independence." 

Does not this fact, so distinctly put forth by yoin- excellency in regard to the 
treatment of the pirate Sumter on the 7th September, based on the opinion of 



INSURGEXT PRIVATEERS IN FOREIGN PORTS. 103 

the president being made known to her commander, veiy conchisively demon- 
strate that tlie president of Maranham wa? familiar with her true character, and 
that the pirate did not pretend to he anything but tlie corsair which all 
Christendom knows her to be I Does it not prove, too, that she was not con- 
sidered, and did not even claim to be, a " vessel-of-warl" and does not it sustain 
the undersigned in the assumption contained in his despatch of the 1st of No- 
vember, that the calling her a " vessel-of-war" was an afterthought, and resorted 
to in consequence of the excitement among the loyal and conservative popula- 
tion of Maranham, who publicly denounced the president of that province for a 
gross violation of neutrality, and demanded his removal from office? 

Your excellency assumes that the undersigned indicated what would probably 
be the course of the United States, in \indication of her honor and the protection 
of her interests, if Brazil persevered in rendering "material aid" to her rebels 
by furnishing provisions and coals wherewith to continue their voyages and 
depredations on American commerce. This is an error. The undersigned has 
no instructions from his government in relation to siich a breach of neutrality 
as has occurred in the instance of harboring the steamer Sumter, furnishing her 
with provisions and coals to continue her voyage, proclaiming her a " man-of- 
war," recognizing her nationality, and declaring her to be the equal, in all 
respects, of any one of the regular vessels-of-war of England, France, and the 
United States, at the same time that Brazil studiously avoids recognizing the 
independence of the rebels, to whom she belongs, and professes a sincere friend- 
ship to the government of the United States. It was not possible for the 
government of the United States to imagine that such a state of affairs could, 
under any circumstances, arise. They well knew that no government of Europe 
would do aught which might justly be construed into a declaration of war 
against the United States, even if they could so f;xr forget what was due to the 
prestige of legitimate and well-established governments as to recognize them as 
" belligerents," in order to avoid the necessity of treating them as " pirates." 
They knew it was absolutely and morally impossible that the Sumter, Jeff 
Davis, and vessels of that character, as familiarly known to Europe as to Brazil, 
would ever be permitted to enter friendly European ports for provisions and coals, to 
be supplied by permission of the government with all they desired, and be openly 
received as "vessels-of-war," entitled to every honor, privilege, and immunity 
granted by the comity of nations to the national ships of the chief powers of 
the earth ; and, knowing this, feeling a well-grounded assurance that the self- 
respect of the European powers would sufficiently protect them against such an 
anomaly as receiving, harboring, and fostering, as a " vessel-of-Avar," the piratical 
cruiser of a band of rebels, whose representatives were universally treated with 
cold contempt, and refused a hearing at every court in Christendom, it would 
indeed have been strange, nay, insulting to Brazil, if the government of the 
United States had anticipated a pi'ocedure here which they knew to be impos- 
sible in any port of either of the friendly European powers ; and had accord- 
ingly instructed the undersigned how to meet such a contingency. The govern- 
ment of the United States looks upon Brazil as a friendly power ; and, there- 
fore, when the undersigned was sent to represent the government and the people 
of the United States at this imperial court, he Avas not only instructed to do all 
in his power to draw closer the bonds of amity which have ever existed between 
the two nations, but his government studiously avoided even the appearance of 
a suspicion against the honor and friendship of Brazil by abstaining from any 
(the slightest) instructions based upon a supposition that Brazil could be forget- 
ful of her duty to her friend and the comity of nations by harboring piratical 
cruisers of her rebels, giving them material aid in the shape of provisions and 
coals, and then elevating them to the dignity of "vessels-of-war," and publicly 
proclaiming that the pirate Sumter was legitimately, and, according to inter- 
national law, entitled to every honor and privilege accorded to the United States 



104 IXSURGENT PRIVATEERS IN FOREIGN PijRTS. 

frigate Powhatan, and tliat to have refused such privileges and immunities 
would have given the rebels just cause of complaint against Brazil, The under- 
signed, therefore, wishes it to be distinctly understood that he has not pretended 
to say what should be the action of his government in regard to this grave com- 
plication of the Sumter. Having no instructions upon a question the occun-ence 
of which could not be anticipated, the undersigned in no part of his despatch 
commits his government to any line of conduct calculated to bring the imperial 
government of Brazil to a sense of the gross misconduct of its official — the presi- 
dent of Maranham. It is true that, in his despatch of the 1st of November, the 
undersigned commented upon the commercial relations existing between Brazil 
and the United States as follows : 

" The United States, as one of the earliest friends of Brazil, sedulously culti- 
vates her friendship, and purchases from her and consumes more than half of 
her great staple, although Brazil takes from the United States, in exchange, 
less than two millions of her products, leaving a balance against the United 
States of nearly or quite fifteen millions of dollars annually, and which is 
liquidated in gold ; and if she were now promptly to refuse admission within 
her ports to every production of Brazil, both your excellency and all civilized 
communities would be compelled to concede that it would be no more than just, 
provided the government of Brazil were to indorse and approve of the gross 
bi'each of neutrality so openly and insultingly perpetrated by the governor of 
Maranham." 

This, your excellency will perceive, was simply an expression of the indi- 
vidual opinion of the undersigned, the force and justice of which he expected 
your excellency to ' concede ;" but it did not, directly or indirectly, intimate 
what would probably be the action of the government of the United States, 
because, as has been heretofore stated, as no American statesman could antici- 
pate such unfriendly conduct on the part of Brazil, the Secretary of State of the 
United States could not suggest remedies for a contingency which was not 
deemed within the scope of possibilities. For the sentiment, such as it is, the 
undersigned is alone responsible ; and as soon as he receives yoi;r excellency's 
response to the questions, the relcA-ancy of which has been admitted, he will 
transmit to his government your excellency's despatch for their action, being, as 
he has already said, Avithout instructions to gixide him upon the occurrence of a 
contingency which could not be anticipated pending the existing amicable 
relations between Brazil and the United States. The great error of the under- 
signed consists in his having misapprehended the purposes of the imperial 
government in relation to the proceeding at Maranham ; but your excellency 
will admit that he has been led into eiTor by your excellency's official declara- 
tion to the legislature of the empire, and by subsequent declarations, sustaining 
the policy then proclaimed. Therefore it was that the undersigned said in his 
despatch of the 1st of November he had •' no apprehensions upon this subject. 
While feeling deeply and prepared to resent warmly this outrage upon the 
rights of his country — this attempt (on the part of the president of Maranham) 
to exalt the traitors now in rebellion against his government into the equals of 
that government — this insulting assumption that the piratical vessel of a band of 
rebels without a ilag, a government, or a nationality, is in all things the peer of 
a 'man-of-war' of the United States of America, and entitled at the hands of 
Brazil to equal honor, consideration, and hospitality — he does not for a moment 
doubt that the government of Brazil Avill take an early occasion to disclaim the 
insult which has been offered to the United States. of xVmerica by the conduct 
of the president of ifaranham in giving material aid and protection to a piratical 
vessel especially chartered to prey upon American commerce." 

In this reasonable expectation he has been grievously disappointed ; and he 
very sincerely regrets that by his error he has misled his government into a 
belief that the imperial government of Brazil did not, could not, and would not 



INSURGENT PEIYATEERS IN FOREIGN POETS. 105 

sympathize with or approve of tlie conduct of tlie president of Maraiiham. But 
such is his anxious desire not only to preserve the existing amicable relations 
between the two countries, but to be the humble instriiment of drawing closer 
together the two great nations of the American continent, whose aim it should 
be to act in concert on all international questions and to give tone to an Ameri- 
can policy, that he ventures to entreat of your excellency to review the affair of 
the Sumter, and the position assumed, that she is a " vessel-of-war," and entitled 
to demand of Brazil every honor, every courtesy, and all the facilities to continue 
her voyage, which could be demanded in behalf of, or extended to, the United 
States man-of-war Powhatan. If this be true of the Sumter, it is necessarily 
true of every piratical vessel or privateer fitted out by the American rebels to 
jirey upon American commerce. And if true in relation to all of them, has not 
the government of Brazil, under the plea of " neutrality," conceded to our rebels 
in this regard (!vcry right and privilege Avhich would have been conceded to 
them if she had formally recognized their independence as a sovereign power 
before it was possible to make an effort to put down the rebellion 1 Permit the 
unders^igncd to hope that the government of Brazil has been entrapped into 
according to the pii-ate Sumter a character and a nationality Avliich not only does 
not belong to her, but which it is evident even her captain did not claim for her 
when he asked for "permission" to enter the port of Maranham, and which it is 
equally evident the president of Maranham did not concede to her when, as I 
learn from your excellency's despatch, although he gave her permission to enter 
the port, he refused to permit her flag to be saluted, and, not content with this, 
proh/bitcd her imiting with the ships-of-war in the harbor of Maranham in firing 
a salute in honor of the anniversary of the independence of Brazil ! It would 
apjjcar, then, that whatever of the odor of nationality there was about the Sum- 
ter was given to her in the harbor of Maranham, and by the president of that 
province, after the 7th of September. 

Your excellency questions the fact whether, in the war between France and 
England in 1853-'54 against Russia, coals were declared "contraband of war," 
and complains that the undersigned did not authenticate his declaration by 
official documents. He did not do so for the best of all reasons, viz : there were 
none within his reach at the time of writing, although from his knowledge ol 
the events of that war he spoke very positively upon the subject. Now, how- 
ever, the case is different ; j^our excellency, in furnishing the quotation from 
"Hiffer," has furnished all the testimony necessary to sustain the undersigned 
in his position. 

From that quotation it would appear that coals and other contraband articles 
were only prohibited as articles of commerce when destined to one of the " bel- 
ligerents." In other words, France and England did n<9t consider a vessel 
carrying coals to the United States or Brazil as engaged in a trade declared 
contraband, but if destined for the Crimea or the Russian fleet they were so 
considered. And so at this moment ; the United States do not interfere with 
neutral vessels carrying coals to Brazil, but if the vessel of a neutral Avere to 
present herself off the harbor of Charleston Avith a cargo of coals, and another 
neutral vessel at the same time Avith a cargo of the manufi^ctures of Manchester, 
the latter would simply be warned off from a blockaded port, while the former 
would be seized for carrying to an enemy " material aid " in Avhat has become, 
in this age of steam, " contraband of war." It would be as laAvful to seize and 
confiscate such a vessel as it would be for one of our "men-of-war" to overhaul 
and take out of a neutral vessel of any nation the soldiers, officers, ministers, 
secret agents, and despatches of our rebels, it being one of the principles of in- 
ternational law, luiiversally recognized, that a man-of-war of a " belligerent " 
may at all times stop neutral vessels to verify their character. For all the pur- 
poses of this despatch, hoAvever, Avhether " coals " be or be not " contrabands of 
"war," is a matter of no importance ; because your excellency has made a national 



106 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

ship of tlio Siimtor, a " vessel-of-war," invented with every ri^ht and privilege 
which attached to the United States ship-of-Avar Powliatan. Were it otherwise, 
the undersigned would point to the quotation from " Hifter" to prove that, while 
it Avas deemed no oifcnce against the rights of " belligerents" to carry coals be- 
tween England and America in 1854, it was a wrong to send them to the 
Crimea, and so in 1861. While there is no offence in canying coals from a 
port of England to the United States or Brazil, it is an unfriendly act and a 
breach of neutrality for an officer of the imperial government of Brazil to fur- 
nish coals to a jiiratical steamer in a port of Brazil, for the express and avowed 
purpose of enabling such pirate " to continue her voyage," the sole object of 
Avhich Avas knoAvn to be the destruction of American commerce. • The under- 
signed, in his previous despatch and in this paper, has characterized the Sumter 
as a " pirate," Avhile your excellency has exalted her into a " vessel-of-Avar." 
Your excellency's authority for thus dignifying that corsair, after the president 
of the province of Maranham had originally decided that she Avas not entitled 
to any such distinction, and had refused not only to salute her flag but pro- 
hibited her desecrating the anniversary of Brazilian independence by taking 
part in celebrating it, is unkuoAvn to the undersigned. It is due to your excel- 
lency, hoAvever, to say that the undersigned has called the Sumter a " pirate" 
because the President of the United States, in his proclamation in April last, so 
denominated all vessels of her character sent forth by our rebels. Since then 
the creAvs of two of them, captured on the high seas, have been tried by the 
Supreme Court of the United States, sitting in New York and Philadelphia. 
In New York, Justice Nelson, one of the ablest jurists of our country, presided 
at the trial, and charged the jury that the offence of the prisoners Avas j^Jracy, 
and the punishment of their crime death. And although a ncAv trial was to 
folloAv, in consequence of a mistake in the mode of indicting the pirates, there 
is no question but every one of the pirates have been convicted and condemned 
during the present month. In Philadelphia no such mistake in the indictment 
occurred. The court pronounced the act piracy, the jury convicted all the 
prisoners but one, and the judge condemned them to suffer death. 

And yet the same class of men, engaged in the same infamous and nefiirious 
pursuit, are harbored, fostered, succored, and furnished Avith coals and pro- 
visions '* AvhercAvith to continue their voyage," by an officer of the imperial go\'- 
ernment, in the harbor of Maranham, after prohibiting their dishonoring Brazil 
by firing a salute on the anniversary of her national independence. The Sumter 
Avas of too questionable a character to receive a salute, or to be permitted to 
salute the Brazilian flag. Her master, conscious of her piratical character and 
corsair acts, asked j^crinission to enter the port of Maranham. The president of 
the province also knew her character, and Avheu he gave the required permission 
to enter the harbor of Maranham accompanied it Avitli a caution not to presume 
to salute the Brazilian flag, and subsequently her captain Avas inohUntcd from 
taking part in the honors paid to the anniversary of Brazilian independence. 
And yet the undersigned is gravely informed by your excellency, misled as you 
have been by your subordinate at Maranham, that it Avas the right of the Sumter 
to demand, and the duty of Brazil to accord to her, cA^ery honor, CA-ery courtesy, 
and eAxny privilege Avhich could be claimed in behalf of the United States Avar 
steamer Powhatan. 

In conclusion, the undersigned begs leave to call the attention of your excel- 
lency to the folloAving extract from a decree issued by the late King of I'ortugal, 
by which it Avill be perceived that, in the judg-ment of that friendly })0Aver, it 
constituted a breach of neutrality to exclude, under any circumstances Avhatever, 
except stress of weather, the privateers of the American rebels from all the ports 
and waters of the kingdom of Portugal : 

"Article 1. In all the ports and Avaters of this kingdom, as well on the con- 
tinent and in the adjacent islands as in the ultramarine provinces, Portuguese 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 107 

subjects and foreigners are prohibited from fitting out vessels destined for pri- 
vateering. 

"Artu'LK 2. In the same ports and waters referred to in the preceding arti- 
cle is in like in.mner jrrokibited the entrance of privateers and of the prizes made 
by privateers or armed vessels." 

The undersigned cannot doubt but that this subject will receive more minute 
attention at the hands of the imperial government than has heretofore been ex- 
tended to it, and in the meantime is most happy to embrace this opportunity to 
renew to your excellency his expressions of unfeigned personal respect, accom- 
panied with assurances of his most distinguished consideration. 

J. WATSON WEBB. 
His Excellency Senhor B. A. de Magalh.es Taques, 

Counsellor, Minister, and ^Secretary of State for Foreign Affairs. 



Mr. Setoard to Mr. Wcbh. 



No. 20.J Department of State, 

Washington, March 18, 1862. 

Sir : Your despatch of December 23 (No. 6) has been received. It is accom- 
panied by the answer of Mr. Magalhaes Taques, under the date of the 9th of 
December last, to your complaint concerning the sheltering and su])plying of 
the piratical vessel Sumter at Maranham, and your reply to that communication. 
These papers have been submitted to the President. The governor of Maran- 
ham allowed the pirate Sumter to enter that port, to receive shelter for an 
mdefinite period, and to procure supplies by purchase of coal and provisions in 
unlimited quantities. This was done Avhen the pirate, prowling in South 
American waters, had committed depredations upon our commerce there. She 
used the supplies and provisions obtained at Maranham in making a voyage 
across the Atlantic, in Avhich she renewed her depredations upon our merchant 
vessels. The Brazilian secretary of state seems to have had full and accurate 
knowledge of the character and proceedings of the Sumter, and yet he justified 
the conduct of the governor of Maranham. 

I shall not affect to conceal that this decision seems to me to be inconsistent 
with the very friendly relations which have hitherto existed between Brazil and 
the United States, and is therefore in a high degree uiisatisfactory. 

I do not deem it necessaiy to review in its whole length the elaborate and 
very able note of Mr. Magalha?s Taques. A much shorter process will suffice, 
as I think, to show Avhy his conclusions cannot be accepted by this government. 
All that is just as well as all that is erroneous in his argument rests upon the 
proposition that the insurgents of this country who sent the Sumter out on her 
vicious career, are a belligerent power, entitled at the hands of Brazil to rights 
of maritime war equal in all respects to those of the United States. This basis 
is disallowed by the United States, and is regarded as an assumption by Brazil 
injurious to those States. 

A year ago Brazil was in ti-eaty relations with the United States as one na- 
tion, undivided equally for purposes of war as for all other purposes of sover- 
eignty, national responsibility and character. 

The treaty which established that friendly relation in conformity with the 
law of nations remains unchanged. If, in view of the maritime law of war, the 
United States now constitute not one sovereign nation as heretofore, but two 
equal sovereign states, this great change in their political condition must have 
occurred within that year. Those who assume that fact can show how and by 



108 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

what means it lias otcurred. Mr. Magalhses Taques has hardly thought it ne- 
cessary to attempt this. 

The change might have been established so as to modify the relations of 
Brazil towards the United States by some express or implied agreement between 
the two nations, or by some express or implied declaration of the United States 
made in the presence of foreign powers. No such agreement or declaration has 
been made. On the contrary, the United States have constantly insisted in 
every way on their undivided national sovereignty. 

It is therefore upon her own responsibility that Brazil has decided that we 
are not one, but two equal belligerent powers. Had Brazil a lawful riglit to de- 
cide the question for herself? Doubtlessly she had. It is a sovereign right in- 
herent in every state. But it is equally a right of every other state, especially 
the state most deeply affected by the question, to decide the same point for it- 
self. We have accordingly decided that we are not two belligerent states, in 
view of the law of maritime war, but one nation, and from that ground we shall 
not be moved. It is true that we might have made this decision inconsiderately, 
erroneously, or unjustly. But it is equally true that Brazil might have reached 
her conclusion erroneously, unjustly, and even capriciously, which we do not 
allege. It is enough for each that it had a right to decide it, and has exercised 
the right. 

Mr. Magallifcs Taques draws into the support of his argument decisions upon 
the question similar to its own made by other powers. But he will at once see 
that insomuch as the United States do not acquiesce in the decisions made by 
one state, they must equally dissent from a decision of the same effect when 
made by two or even many other states. It may, indeed, be said that a concur- 
rence of several nations raises a presumption that their common decision is right 
and just ; but, on the other hand, it may be said with equal reason that several 
nations may as easily as one act capriciously, and tley may even unjustly con- 
sjjire and combine against one nation for its overthrow. It must sixlfice for the 
present to say that, in every case Avhere a foreign state has announced to the 
United States a decision that they are to be regarded as a divided nation, they 
have given the same answer that they now give to Brazil. 

The minister of foreign relations has intimated a disposition to argue the 
point with the United States as a question of fsict, and to show that the insur- 
gents ai-e, de facto, a belligerent power. Other states have proposed to do the 
same. The United States must reply to Brazil, as they have done to these 
other states, that it is a question which they cannot permit themselves to debate. 
The nation that suffers itself to debate with other states a question vital to its 
own existence is no longer an independent nation. The United States have 
hitherto maintained, and they mean to maintain, their unity and their sovereignty 
at whatever hazard, by all the means which Providence has placed at their dis- 
posal. 

This government does not undervalue, nor will it suffer itself to magnify, the 
difficulties resulting from the unfriendly proceedings on the part of Brazil and 
other foreign nations, which I have had occasion to notice. It is not, however, 
necessary to explain now the way in which Ave expect to surmount those diffi- 
culties. It is enough to say that we are acting, as we think, with not less of 
prudence than of firmness. It seems manifest to us that the insurrection which 
those foreign nations have so unnecessarily and injuriously recognized as a 
hnvful Avar is already so rapidly shrinking from its first alarming proportions as 
to render it as easy as it Avould be just for Brazil to reverse the decision Avliich 
she has made. 

In the meantime it is proper to remark that every maritime poAver Avhich has 
recognized the insurgents as a belligerent, except Brazil, has, on the other 
hand, adopted stringent means to prcA-ent the entrance of piratical vessels into 
their harbors, except in distress, and has forbidden their remaining there more 



INSURGENT PRIVATEERS IN FOREIGN TORTS. 109 

than twenty-four hours, or receiving supplies which would enable them to I'cnew 
their depredations upon our commerce. 

The United States do not say that such measures on the part of Brazil would 
be satisfactory. Nor can they consent to ask Brazil for less than the absolute 
exclusion of pirates from her harbors ; yet such measures, if adopt(.'d, woiild 
bring Brazil upon the same ground in relation to the United States which is 
occupied by other maritime powers, and thus would mitigate the discontent 
which you are authorized to express. 

You will give to the secretary of state a copy of this despatch if requested. 
I am, sir, your obedient servant, 



WILLIAM H. SEWARD. 



James Watson Webb, Esq., Sfc., Sfc, Sfc. 



Mr. Webb to Mr. Seward. 
[Extract.] 



No. 8.] Legation op the United States, 

Petropolis, January 23, 1862. 

Your despatch No. 8, bearing date Washington, November 13, contains 
your instructions for my guidance in relation to the visit of the pirate Sumter 
to the port of Maranham, and it affords me great satisfaction to know that in 
my despatch to the minister of foreign affairs, written thirteen days before the 
conduct of the president of Maranham was known to you, I had anticipated 
your wishes, and asked of this government the explanation which I am now 
instructed to demand. 

The copies of my despatches to the minister of foreign affairs, bearing date 
November 1 and December 17, Avill, I trust, have been regularly received by 
the department; and if so, you will perceive that nothing remained for me to 
do, upon the receipt of your instructions, but to bring home to this government, 
before its final response to my last despatch, the knowledge that, while acting 
without instructions, I had, in fact, anticipated the wishes of the government of 
the United States, and that you have virtually approved, in advance, of all I 
have done in relation to the breach of neutrality involved in the conduct of the 
authorities at Maranham. To do this the more effectually, and that the whole 
moral force of our administration might be brought to bear upon this govern- 
ment, I assumed the responsibility of enclosing in my despatch an extract from 
your instructions. I cannot perceive any objections to my so doing, while it is 
obvious to me that you, thus speaking in your own language, cannot fail to 
have some influence upon the question; at all events, the influence of such a 
proceeding, if any, cannot be otherwise than beneficial. 

I have the honor to be, very respectfully, your obedient servant, 

J. WATSON WEBB. 
Hon. William H. Seward, d^., Sfc., Sfc. 



110 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. Webb to Mr. Tuques. 

Legation of the United States, 

Petropolis, January 23, 1862. 

The undersigned, envoy extraordinaiy and minister plenipotentiary from the 
United States of America, desires to remind his excellency Senhor B. A. do 
Magalluvs Taqnes, counsellor to his Imperial Majesty, minister and secretary of 
state for f.ireigii affairs, that in his despatches of the 1st November and the 17th 
of December last, relative to the hospitalities extended by the president of Ma- 
ranham to a piratical vessel called the Sumter, and known to that officer of the 
Brazilian government to have been fitted out by traitors in rebellion against the 
government of tlie United States for the avowed purpose of depredating upon 
American commerce, the undersigned disclaimed having any instructions from 
his government in relation to the occurrence of a contingency which, pending the 
existing friendly relations between the two countries, was not deemed possible, 
and could not, therefore, be foreseen or anticipated. The undersigned, conse- 
quently, in all he has written upon an event which exhibited a wanton disregard 
of the honor and interests of his country, has been guided solely by his own 
convictions of right, his understanding of international law, and liis knowledge 
of what would be the feelings and judgment of his government upon the recep- 
tion of intelligence so utterly at war with the friendly feelings of our people 
towards Brazil, and the expressions of friendship so frequently uttered by the 
Brazilian goveiniment towards the United States. 

Kow, however, all grounds for doubt in regard to the manner in which the 
government of the United States looks upon the conduct of the president of 
Maranham are entirely removed, and a despatch just received from the Secretary 
of State of the United States, dated Washington, November 13, 1861, not only 
fully indorses in advance all that the undersigned has written upon this subject 
of the Maranham affiiir, but peremptorily instructs him "to lose no time" in 
asking of the government of Brazil to take such measures in relation to this 
outrage "as will make the president of Maranham sensible of his Majesty's dis- 
pleasure, and will prevent a recurrence of such injuries to the United States 
hereafter." 

Such request the undersigned had urgently pressed upon your excellency two 
weeks in advance of the date of the instructions alluded to, and since then he 
has labored zealously to bring to the Brazilian govermnent a conviction of the 
serious character of the outrage perpetrated against the United States by the 
president of ]\Iaranham, and its inevitable tendency to destroy the friendly rela- 
tions heretofore existing between the United States of America and the imperial 
government of Brazil. In so doing, it is manifest that, however urgent the under- 
signed may have been in his representations upon this all-important subject, his 
government expected from him all and more than all that he has written, and 
confidently relied upon the success of his efforts. He knows how utterly unsuc- 
cessful was his first effort to induce the Brazilian government to look upon this 
grave complication in its true aspect ; but he indulged the hope that his second 
despatch might prompt a reconsideration of what was evidently a hasty, and at 
the same time, unfortunately, a most unfriendly decision on the part of the impe- 
rial government in support of the conduct of its subordinate at Maranham. In 
that hope, to which he still clings, the undersigned assumes the responsibility of 
enclosing to your excellency an extract from the instructions just received from 
Washington, believing that when the Brazilian government are thus apprised of 
the serious aspect in which this affair is viewed by the government of the United 
States, a feeling of friendship based upon past relations, as well as an American 
feeling, and the sound dictates of an American policy, to say nothing of the 
mutual interests of two great nations, neighbors and friends, will prompt the 



INSURGENT PRIVATEERS IN FOREIGN TORTS. Ill 

government of Brazil to review their action upon a question wliicli, whether 
viewed in regard to the present or the future;, is one of momentous consequences 
to all the independent governments which have been established upon the great 
American continent. 

The undersigned feels that in thus sending to your excellency an extract 
from his instructions he is assuming a responsibility of no ordinary chai'acter ; 
but the great distance of this imperial court from the court of AVashington, Avhicli 
requires a lapse of three months to get a reply to a communication, and the mag 
nitude of the interests at stake, united to a well-grounded apprehension that the 
existing friendly relations between the two great American nations may be vio- 
lently and permanently deranged, seem to the undersigned to warrant him in 
departing fi'om what would be usual under such circumstances. He was in- 
structed by his government, when sent to this imperial court, not only to pre- 
serve the existing friendly relations with Brazil, but to draw closer together in 
bonds of friendship the two governments, whose interest it certainly is, and 
whose pride it should be, by unity of action, to build up and sustain an Ameri- 
can policy based upon American interests and the greater freedom of American 
constitutional institutions. 

A weak and reckless subordinate of the imperial government at Maranham 
has permitted himself, in vicAv of the difficulties in which the United States is 
temporarily involved, to put in jeopardy the relations of friendship and amity 
now existing between the governments of the United States and Brazil, and 
there is danger that hasty action by the imperial government may accomplish 
what has been so ruthlessly attempted. 

The undersigned will not permit himself to indulge the thought that the gov- 
ernment of his Imperial Majesty could for a moment be so wanting in magna- 
nimity as to sanction an outrage upon the rights and sovereignty of the United 
States in this her hour of trouble, by reason of a great rebellion which aims at 
the destruction of her nationality, which would not have been countenanced 
before the occun-ence of her intestine troubles. But he has no such sentiment of 
respect for the conduct of the president of Maranham. The proceeding of that 
official was characterized by wavering vacillation and the absence of (hose senti- 
ments of self-respect which should always characterize officials. His refusal to 
permit the pirate Sumter to salute the Brazilian flag, or to fire a salute in honor 
of the independence of Brazil on the 7tli of September, because of her ques- 
tionable character, and yet his furnishing her with coals and provisions for the 
continuance of her voyage, on the pretext and afterthought that she was a 
" national vessel," are acts which, properly construed, place him on a par with 
the pirate captain, whose known vocation justified the president in forbidding 
his dishonoring the anniversary of Brazilian independence by firing a salute on 
that day from the deck of a buccaneer reeking with acts of piracy which justly 
rendered him a felon and an outlaw, and subject to the fate of a corsair whenever 
captured by an American man-of-war. 

The undersigned, in obedience to the mandate of his government, and not- 
withstanding his previous demands for satisfaction for the outrage perpetrated 
by the president of Maranham towards a friendly nation, proceeds to inform the 
imperial government of Brazil that the government of the United States, ahvays 
the friend of Brazil, considers " that the shelter and supplying of pirates, as the 
Sumter is, in the ports of Brazil is deemed an iivfriendly act, and asks that such 
measures shall be taken in regard to the case as will make the president of Ma- 
ranham sensible of his Majesty's displeasure, and will prevent a recurrence of 
such injuries to the United States hereafter." 

The undersigned avails himself of this opportunity to reiterate hi* assurances 



112 INSUKGENT PRIVATEERS IN FOREIGN PORTS. 

of personal res;pect, and to assure your excellency of his most distinguished 
consideration. 

J. WATSON WEBB 
Senhor B. A. de 1VEagalh.es Taques, 

Counsellor, Minister, and Secretary of State for Foreign Affairs, 



Mr. Webb to Mr. Sezvard. 



Xo. 9.] Legation of the United States, 

Rio dc Janeiro, February 6, 1862. 

Sir : On the 25th of January I received from the minister of foreign affairs 

the despatch herewith enclosed, marked No. 1. 

#* # * * * * * * 

I have the honor to be, very respectfully, your obedient servant, 

J. WATSON WEBB. 
Hon. William H. Seward, S^e., Sfc., &^v. 



Mr. Taques to Mr. Webb. 
[Translation.] 



Department ov Foreign Affairs, 

Rio de Janeiro, January 23, 1862. 

The undersigned, of the council of his Majesty the Emperor, minister and 
secretary of state for foreign affairs, had the honor to receive the note which, 
under date of December 27 last, was addressed to him by General James Wat- 
son Webb, envoy extraordinary and minister plenipotentiary of the United States 
of America 

After the frank declaration of the friendly sentiments entertained by the im- 
perial government towards the United States of America, and of the deep regret 
caixsed to it by the bloody strife which is prolonged therein ; after the declara- 
tion of the wishes offered up by the same government for the early termination 
of that strife, and of the desire in no manner to aid in embittering it, the under- 
signed understands that he has nothing to expect on the part of Mr. Webb but 
continuance in characterizing as an unfriendly act (so often stated in his note) 
the procedure of the president of Maranham in the affair of the Sumter; a pro- 
cedure which, as explained, could not, in the opinion of the imperial government, 
be other under the circumstances which were brought to light. 

All the persistence of Mr. Webb is founded on bases which, as it seems to the 
undersigned, cannot be maintained, that is to say : First, on the qualification of 
pirate, which Mr. Webb gives to an armed vessel, commanded by officers hold- 
ing military commissions, and belonging, not to individuals, but to a government 
de facto, which unites under its control the revolted States ; second, upon not 
admitting the acknowledgment of the character of belligerent, Avhich Mr. Webb 
in his note now extends, now restricts, without attention to tlie manner in which 
all nations have considered this fact; third, on the qualification which Mr. Webb 
continues to make, as contraband of war, of stone coal, which with good reason 
Mr. Webb conctnles was in the beginning furnished as marine stores. 

It would be necessary to extend this note too far to foUoAv throughout the 
argument of Mr. Webb, and collate it at all points with the arguments and evi- 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 113 

douce wliioli the undersigned has presented of the propriety of the principles 
wliich in this case directed tlie action of the imperial g-overnment. Tlie under- 
sigued ■will, as briefly as he can, ])resent the cousideratimis on Avhich he is about 
to enter, in the hope that ]Mr. Webb will receive these considerations with the 
best feelings. 

In the opinion of Mr. Webb, the rebel States have no flag, nor recognized 
sovereignty, nor pass beyond an aggregation, more or less numerous, of criminal 
individuals that cannot have anything Avhich partakes of national character. 
Their vessels, according to this system, are private ships ; and not having any 
acknowledged sovereign state which give them letters of marque, if they take 
prizes, they are pirates. 

This is not the first time in Avhich a portion of an empire has placed itself in 
rebellion against the government, or legitimate and acknowledged sovereign. 
The United States of America, from 1776 to 1783, and Brazil, from 1822 to 
1825, put themselves in this situation. The nations of Europe, and even the 
very governments warred upon, recognized in oixr ships, fortresses, castles, gar- 
risons and encampments, regiments, armies, geirerals, colonels, and other officers, 
those qualifications which de^'olved upon them from the decrees, decisions, com- 
missions, and acts emanating from the goA-ernments de facto that ruled over the 
revolting portion of their dominions, treated with them, had communications with 
them, exchanged prisoners, and exercised in regard to them other acts proper to 
belligerents. 

It is natural that a government Avhich deems itself betrayed by rebellion 
should consider as one of the means of putting an end to it to treat as criminals 
all who are engaged in it, and to induce all friendly powers to act in the same 
way. 

It would have been great good fortune for England in 1776, and for Portugal 
in 1822, if all civilized nations had seized upon American and Brazilian ships 
as pirates. That, however, did not take place. 

The same thing now happens with the United States. It must certainly be 
very much to be desired by them that the civilized peoples with whom they 
maintain relations should treat all who belong to the States in rebellion as crim- 
inals and as pirates. 

By reason, however, of the hiAv of God and of man governments have adopted 
another course. No government, imless through the existence of special treaties, 
is held obliged to take part in the contests and wars which are going on among 
other people. Nations are not judges the one of the other. Neutrality is the 
position which suits all those which are not obliged to go beyond it. 

This was the only position which Brazil could take in the strife between the 
southern and northern States of the American Union — a strife, the merits of 
which it was not for her to examine into as to which side was right, but which 
must grieve to see whelming in such horrors an heroic and glorious people 
Avhicli has given to the world such noble examples of civic virtue, a people 
thoroughly friendly to Brazil, as well in the revolting portion as in that which 
is obedient to the lawful government. 

But to perfect abstension from any part in the strife, an inseparable condition 
was the recognition on both sides of the qualities, rights, and obligations of bel- 
ligerents. In a war actual and notorious, a war waged with armies more numer- 
ous than the United States opposed to Great Britain, a war waged with vessels 
in greater or less number, but never with such superior force on one side as 
there existed in that other war. 

The recognition of the rights and obligations of belligerents in the revolted 
States does not include the obligation to salute or accept courtesies from their 
flag, but is limited to acknowledging them as at svar. The belligerent has the 
right to invoke in his favor the application of the laws of war, and, therefore, 

H. Ex. Doc. 104 8 



114 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

that Lis generals, admirals, fortresses, forts, sliips-of-war, privateers, &c., &c., 
sliould be recognized as such in all acts which have relation to Avar. 

Now, for how long a time may a government or sovereigns of revolted sub- 
jects refuse to admit the recognition of this qualification so as to hold them as 
criminals 1 Humanity and reason oblige them to this rcognition if the strife is 
prolonged. 

"When the undersigned spoke of the decisions of American com-ts which ac- 
knowledged in the southern States the qualities of belligerents, he refeiTed to 
the two cases in which the two English vessels, the "Tropic Wind," was con- 
demned for violation of the blockade by the federal court at Washington, and 
the " Hiawatha," condemned by the court at New York upon the same ground. 
In both, the sentences, as published in the journals, lay down as one of the 
grounds of condemnation plainly declared, that an actual war between the 
United States and the States Avhich call themselves confederate, constitutes a 
situation in everything analogous to a foreign war ; that blockade is a belliger- 
ent right which may be exercised in a state of war; that this war, in its pro- 
gress, must be governed only by the laws of war, and its evils be mitigated by 
the principles of humanity introduced into the codes of war through the civiliza- 
tion of modern times. 

If these doctrines of judicial authority are still not an acknowledgment of the 
quality of belligerent wliich can apply to the revolted States, it seems evident to 
the undersigned that the necessity for such acknowledgment is becoming mani- 
fest from the very examples cited by Mr. AVebb of the condemnation of southern 
privateersmen as pirates, for it is known that the authorities of the rebel States 
have declared that for so many privateersmen that shall be executed, as many 
of the officers of the United States who are held by them as prisoners shall be 
put to death in reprisal. 

It is to avoid horrors of this character, and such shedding of innocent blood, 
that humane governments have agreed to treat their own rebellious subjects as 
belligerents as soon as the struggle assumes certain proportions. 

What the United States ought or may hold convenient to do in this case does 
not pertain to the undersigned to determine. That which may still be hoped 
for is, that Mr. Webb may become convinced that the Brazilian government 
cannot forego the acknowledgment of the quality of belligerents, and of adherence 
to the principles of impartial neutrality. 

This may be exercised in two ways, either by refusing everything to both 
belligerents, or undertaking to grant all to both belligerents, or taking the care to 
grant to one all which it may grant to the other. The imperial government has 
ordered the presidents of the provinces — 

1. That they shall not permit that any vessel bearing the flag of either bel- 
ligerent, equipped for war or intended for it, shall be provisioned, equipped, or 
armed in the ports of the empire. This prohibition does not extend to the fur- 
nishing of victualling and marine stores indispensable to the continuance of the 
voyage. 

2. That they shall not admit privateers of either of the belhgerents, except in 
case of asylum or of stress. 

3. That they shall admit the vessels-of-war of both belligerents, imlcss they 
shall be prizes, and always with exception of cases of stress. 

4. That they shall not furnish any aids for Avar, of any kind, to cither of the 
contending parties, reconciling the duties of hospitality with those Avhich under 
such circumstances humanity imposes. 

5 That to the vesscls-of-Avar of the government of the United States shall be 
freely extended all the t\\vors and attentions Avhich depend upon the government 
and the national authorities, except the furnishing of articles and munitions of Avar. 

6. That the neutrality of the territory of the empire be maintained, it shall not 
be alloAved that its port's shall serve as a basis for warlike operations, or that in 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 115 

tliem or in our ten-itorial seas unlawful prizes be made, or auy acts of liostility 
be committed. 

7. That they shall not obstruct commerce Avith either belligerent, unless it 
have for object articles declared to be contraband of war. 

8. That in foreign ships, the exportation of articles and munitions of war des- 
tined for ports subject to the federal government shall not be hindered. 

The list of such articles the imperial government does not extend beyond what, 
by agreement Avith the United States, is fixed by article 16 of the treaty of 1828, 
and which the United States has introduced in all the treaties cited in the for- 
mer note of the undersigned. This list does not include either sail-cloth, fire- 
wood, or coal, nor any other marine supplies. But in the prohibition imposed 
on its subjects in trading Avith the belligerents, the Brazilian government accepts 
as the soundest principles those Avhich have been so clearly and Avith a master's 
spirit expressed by the eminent American jmisconsult, Kent, in the passages 
cited in my preceding note. 

These principles are the same Avhich Heffter aA^ers to have been adopted 
during the last Avar by the allied poAvers ; and although the undersigned does not 
desire to enter into all the details of Mr. Webb's note, he Avill observe, in passing, 
that Heffter does not say that those poAvers Avould insert or consider coal to be 
in the list of contraband of war. Helfter says, " they (the allied powers) have 
not comprized under tlie name of contraband of Avar any but arms, munitions, 
and articles intended solely for the uses of Avar, maintaining in this matter the 
provisions of the existing treaty." Mr. Webb sees that Heffter holds it declared 
that coal serves other and pacific uses, and is not intended only for the purposes 
of Avar ; and it is plain that coal is comprehended among the merchandise that all 
Europe as Avell as the United States have for so long, contrary to the British pre- 
tensions, held as not to be considered contraband of Avar. 

Moreover, the undersigned has caused examination to be made of all the doc- 
uments relative to this subject put forth by the British government in 1854, and 
it turned out that they reduce themselves to orders in council officially pub- 
lished under the dates of February IS and April 24, neither of Avhich mentions 
coal or marine supplies as contraband of Avar. 

Having thus clearly satisfied the desire Mr. Webb manifests to have the 
principles adopted by the Brazilian government plainly developed, it may be 
permitted to say that the resolutions were taken by this government on the 
assumption that they should in no respect vary from those taken by the gov- 
ernment of Portugal, Avhich seemsd entirely satisfactory to Mr. Webb, Avho 
called the attention of the undersigned to them, Avhile they were still unnoticed 
by any other government. 

The foundation of the protest of Commodore Porter being to confound coal 
with contraband of Avar, and a ship of the government Avith a privateer, and tha 
privateer of a belligerent whose flag is not recognized as a pirate, and the under- 
signed has declared and sustained, Avith reasons and Avith proofs, the impossi- 
bility of admitting such theory ; the same declarations, documents, and proofs 
apply against the protest of the aforesaid commodore. 

The undersigned does not know Avhat Avere the inquiries made by i\Ir. Webb. 
and enumerated in his note to which he may have omitted to make response ; 
and if any appears not to have been ansAvered in the preceding note Avith en- 
tire clearness, he thinks that now an explicit reply will be found in the pre- 
ceding series of propositions. 

At times Mr. Webb dAvells on the injury Avhich he supposes to be done to the 
United States in supplying the rebels, and at the same moment he many times 
repeats that the rebel flag was not saluted, that its salute was not accepted 

either on the arrival of the Sumter, or on the 7th of September, . The one 

assertion destroys the other. 

It is again to be repeated that the Sumter, it being shown, by the exhibition 



116 INSURGENT TRIVATEERS E^ FOREIGN PORTS. 

of her papers to the president of Maranham, that she was the property of States 
styling themselves confederates, and not of individvxals ; that slie was under the 
command of oflicers linlding military commissions ; that she had, in the character 
of her armament, habits, and disci})line, that, to appearance at least, of ships-of- 
war, the president of Maraham ought to have treated her as he treated her ; 
that is to say, not as a ship of a recognized nation, but as one of a people ruled 
by a government dc facto with which Brazil was at peace. 

If it had been afterwards shown that the commander of the Sumter had de- 
ceived the Brazilian authorities, and that she was in reality a pirate, or at least 
a privateer, the ixndersigned would have to regret an error, but not to rebuke 
those authorities for an intentional violation of the law of nations, or an act of 
deliberate hostility against a friendly government — against the commerce, in fine, 
of any nation. This, however, is not the case ; the governors of the Nether- 
lands and of the British colonies, which also attributed to the Sumter the same 
character of ships-of-war, still persist in understanding that she was so ; and not 
a single fact has been alleged to the contrary, except an unsustained pretence 
that she is of private character as to property, inasmuch as she belongs to a 
government which is not acknowledged as sovereign. 

As Mr. Webb knows there are governments which do not admit to their ports 
vessels-of-war of either belligerent, although they may be of acknowledged 
nations, the hesitation of the Sumter and her precaution in asking leave before 
entering proves either the ignorance in which her commander was of the prin- 
ciples adopted by Brazil in this war, or an excess of caution which becomes one 
placed in his position, and in no manner proves the acknowledgment of the 
character of pirate which Mr. Weeb seeks to deduce from it. 

In a country in which political parties exist, and political hatreds exist on a 
par with the liberty of the press and the dissensions of the deliberative bodies, it 
will not do to take the debates of parties as evidences of the errors of the au- 
thorities. Here, as in the United States, those debates reveal individual opin- 
ions more or less deliberate, and nothing more. 

Whether the rebellion of the States Avhich denominate themselves confederate 
be the act of some rash leaders ; whether it be the effect of the reflected will of 
the people ; whatever may be the result of this struggle, Brazil considers it a 
misfortune ; because she is convinced that for her own policy and safety, what 
best suits her Avould be, that the greatest power of America, with which she had 
always maintained friendly relations, should ever be rich, prosperous, and power- 
ful ; had it depended on the will of Brazil such an unhappy strife never would 
have appeared, or, upon its appearance, would have been promptly ended. The 
government of Brazil has always endeavored to fulfil towards tlie United States 
the duties of friendship and justice, and will persevere in the endeavor to watch 
over the present and future of the commerce of her subjects, who, Mr. Webb 
well knows, are advantaged by the national prosperity ; and it is not her will 
to alter the riiles and principles of right which constitute laws, because they 
regiilate the relations of nations with each other, and form a guarantee common 
to every people in the vicissitudes to M^hich they may be exposed. 

Asking General Webb to present these considerations to his government, the 
undersigned renews to him the assurances of his high consideration. 

B. A. DE MAG'^^:S TAQUES. 

Mr. James Watson Webb, 8fc., &fc., S^c. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 117 



Mr. Scivard to Mr. Wehh. 

No. 21.] Department of State, 

Washington, April 3, 1862. 

Your two (lospatclies, namely, No. 8, of January 23, and No. 9, of February 
6, have been received, together with the vohiminous and interesting documents 
appended to tliem. 

I have ah-eady, in ray despatch of the 18th ultimo, No. 20, given you the 
views of the President concerning the conduct of the governor of Maranham, 
after a deliberate consideration of the argument of Mr. Magalluies Taques in 
his behalf. It remains only for me to add that the information con\'eyed by 
your despatches now before me, including the notes addressed to you upon the 
same subject, has been submitted to the President, but without producing any 
modifications of his views of the transaction in question. 

Mr. Lisboa has had repeated interviews with me, and has expressed an earnest 
desire to induce a reconsideration of the position which this government has 
assumed. We have declined to make any such concession. Although he has 
not formally expressed a wish that the discussion of the diiferences between 
the imperial government and our own might be withdrawn from Rio and con- 
tinued here, yet I discerned the existence of such a wish on his part, and quite 
distinctly intimated that I could not consent to that measure. 

Our reasons for this course are, first, that we find no cause to be dissatisfied 
with your own conduct of the discussion ; and secondly, that we see no advan- 
tage likely to result from any further discussion of it either here or in Brazil. 
"VVe have not yet recognized our insurgent fellow-citizens either as a sovereign 
power or as a public belligerent. We ai'e, if possible, less likely to recognize 
them now than ever heretofore. In these circumstances we cannot admit, and 
we are not likely to admit, that anything has occurred to relieve Brazil, or any 
other power holding treaty relations with us, from fulfilling the obligations of 
friendship towards us which it has heretofore voluntarily assumed, much less 
can we admit that any such nation has a right, by adopting a character of neu- 
trality, to give hospitality, shelter, and supplies to pirates engaged in destroying 
our commerce, whether they affect to be public vessels-of-war, or are content 
to sail under cover of pretended letters of marque, granted by the chief of their 
treasonable foction. 

At the same time we are not looking out for causes of conflict with maritime 
powers. We state our complaints whenever grievances are committed by them, 
and we ask the redress due to us from friendly states. Unwilling to drag such 
powers into our own domestic strife, we are content with a practical respect for 
our flag, and we engage in no discussions with them about the unjust or un- 
friendly manifestations with Avhich that practical i-espect is sometimes attended. 
Acting on this principle, we have brought to the notice of the Brazilian govern- 
ment the grievance committed against us by the governor of Maranham. That 
govenmieut, instead of giving us redress, or taking any measures to prevent a 
repetition of the grievance, has avowed and sanctioned it. 

In the position thus assumed, the Brazilian government stands single and 
alone. We cannot, with self-respect, further remonstrate nor debate. I confess 
that the attitude assumed by Brazil embarrasses us, beca\ise it tends to encour- 
age our internal enemies. We trust, however, that we possess the ability to 
maintain and preserve our government against all enemies at home, however 
much aid and encouragement they may receive from abroad. 

It is not needful that you state to the Brazilian government any part of the 
contents of this despatch except its conclusions, which are these: 1st. We stand 
upon the position heretofore assumed, that the proceedings of the governor of 
Maranham are intolerable. 2d. We cannot further debate at Rio, nor can we 



118 INSURGENT rRIVATEERS IN FOREIGN PORTS. 

change tlic field of tlie discussion from that capital to Washington. 3d. Con- 
scious of our ability to protect all our national rights, we neither importune nor 
menace any foreign state which may deem it fit to do us wrong. But so fast 
as every such case matures we determine, Avith what prudence and firmness we 
can, the course which the emergency requires. 
1 am, sir, your obedient servant, 

WILLIAM H. SEWARD, 
James Watson Webb, Esq., ^v., S^r., ^. 



Mr. Webb to Mr. Seward. 



No. 10.] Legation of the Untted States, 

Pctrojyolis, February 15, 1862. 

Sir: Your despatch No. 15^ dated Washington, December 31, 1S61, has 
been duly received. 

Since my last despatch. No. 9, I have received no communication from the 
minister of foreign affairs ; and my despatch of the 22d January having re- 
mained unanswered, I addressed to Senhor Taques, on the 13th instant, the 

despatch of which you will find a copy enclosed, marked No. 1. 

******** 

J. WATSON WEBB. 
Hon. William H. Seward, 

Secretary oj" State of the United States. 



Mr. Webb to Mr. Taques. 

Legation of the United States, 

Metropolis, February 13, 1862. 

The undersigned, envoy extraordinary and minister plenipotentiary from the 
United States, has the honor to acknowledge the receipt from his excellency 
Senhor B. A. de Magalha^s Taques, counsellor, minister of state, and secretary 
of foreign affairs, of his despatch, dated January 23, in relation to the visit of 
the Sumter to the port of Maranham, and which is in reply to a note from the 
undersigned dated the 27th December. In the meantime the undersigned did 
himself the honor to address your excellency another note dated the 22d of 
January, in obedience to instriictions from his government, an extract from 
which was enclosed, That note, it appears, reached your excellency before 
forwarding the despatch of the 23d, but not in time to do more than acknowledge 
its receipt. The undersigned, therefore, has arrived at the conclusion that it 
would be ill-timed, and perhaps unwise in him to make any reply to your ex- 
cellency's note of the 23d of January until in possession of the reply to the 
undersigned's note of the 22d, which was based upon the instructions of his 
government ; and he contents himself, therefore, with simply notifying your 
excellency of the receipt of your excellency's despatch of the 23d, and that he 
does not intend to reply to it until he receives your excellency's response to his 
note of the 22d, which, when received, will be very briefly responded to, and 
the whole subject be referred to the government at Washington. 

The undersigned is happy in the opportunity again presented of renewing to 
your excellency the expression of his sincere personal esteem and most distin- 
guished consideration. 

J. WATSON WEBB. 

His Excellency Senhor B. A. de Magalh.es Taques, 

Counsellor, Minister oj" State, and Secretary oj" Foreign Affairs. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 119 



Mr. Webb to Mr. Setcard. 

No. ll.j Legation of the United States, 

Metropolis, February 22, 1862. 

Sir : On Thursday, the 20tli, I received from the minister of foreign affairs 
the despatch herewith forwarded, and marked No. 1 ; and I yesterday replied 
in tlie brief despatch, a copy of whicli I enclose, marked No. 2. 

We cannot go to war with all the world ; and while circumstances compel us 
to acquiesce in the conduct of England, Spain, and Holland, Ave cannot insist 
upon reparation from Brazil for having adopted the same line of policy toAvards 

J. WATSON WEBB. 
Hon. William H. Seward, 

Secretary of State of the United States. 



Mr. Taqucs to Mr. Webb. 
[Translation.] 



Department of Foreign Affairs, 

Rio de Janeiro, February 19, 1862. 

The undersigned, member of the council of his Imperial Majesty, minister 
and secretary of state for foreign affiiirs, received the note which, under date of 
the 22d of last month, Avas addressed to him by General J. W. Webb, euA'oy 
extraordinary and minister plenipotentiary of the United States of America. 

Referring to his precedent notes dated 1st November and 27th December of 
the past year, General Webb calls to mind the declaration he made to the 
undersigned, that he Avanted instructions from his goA^ernment upon the case 
which formed the subject of his reclamations, and that thus he AA-as guided by 
his OAvn opinions in the discussion relative to the manner in Avhich the steamer 
Sumter was ti-eated at Marauham, and the manner in Avhich the imperial 
goA'^ernment considered that question. This lack of instructions from the cabinet 
of Washington, ]\Ir. Webb has the kindness to inform me by his last note, is at 
an end by the receipt of a despatch from the Secretary of State of the United 
States, dated the 13th November of last year, of which Mr. Webb Avas pleased 
to advise me by transmitting an extract. 

At the time Avhen I received the note of the 2 2d of January, in AA^hich Mr. 
Webb insists upon the consid(;rations on Avhich his note of the 27th December 
Avas based, the undersigned referred Mr. Webb to his reply of the 23d January 
to that last note. 

To the frankness of the Secretaiy of State, Mr. Seward, the undersigned Avas 
indebted for a knoAvledge of the despatch of the 13th November addressed to 
Mr. Webb. i\[r. SeAvard, on receiving adA'ice of what Avas passing at Maranham, 
sought a conference Avith the Brazilian minister, and communicated to him a 
copy of the reports he had received, and of the despatch he Avould send to Mr. 
Webb respecting the Sumter. But neither the Brazilian minister nor the 
Secretary of State had other data on Avhich to form their judgment except what 
Av^as stated by the consul of the United States at Maranham, Commodore Porter, 
and the correspondents of the American ncAVspapers, among Avhom AA^ere some 
AAho can-ied their Avarmth to the point of asserting that the commodore entered 
the port of Maranham prepared to capture or burn the Sumter if he should find 
her there, although she should be lying under the batteries of the Brazilian 
forts. 



120 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

In this lack of calm and nnprejudiccd reports the Secretary of State could 
not form so sure a jud2;ment as at this day he must be able to make on this 
business. 

Upon the questions relative to the recognition in favor of the I'ebels, of the 
rights of belligerents, upon the character of ship-of-war gi^-en to the Sumter, 
upon the classification of coal as an article of lawful commerce and not as con- 
traband of war, and the extent of hospitality which neutrals owe to such ves- 
sels, those were sufficiently discussed and explained in the two notes in Avhich 
the undersigned answered those of 3Ir. "Webb of 1st November and 27th De- 
cember of last year. 

In consequence of the chances of war and the march of events, all these 
questions were reproduced in regard to the same steamer Sumter, and another, 
under identical circumstances, the Xashville, with Holland, France, Spain, and 
Great Britain. 

The correspondence interchanged by the ministers of England with those of 
the Netherlands and of the United States upon these questions is to be found 
in the collection of documents laid before the American Congress by the federal 
government. 

The doctrines maintained by the governments of England and of the Nether- 
lands conform exactly to those which the undersigned has maintained, rest on 
the like arguments, on the like official data, on the like traditions, on the like 
facts. The undersigned holds as incontcstible the citations made by him from 
the documents or conventions which bind the United States to uphold the doc- 
trine which in the midst of her present preoccupations she wovtld seem to forget. 

The government of the United States has not regarded as a breach of friend- 
ship or of neutrality the mode in which, in the ports of the states above men- 
tioned, the Nashville and the Sumter were treated. The undersigned cannot 
pea-suade himself that the government of the United States, to Avhich that of 
Brazil is bound by so many ties, as well of feeling as of ancient and loyal friend- 
ship, as by interests and relations of importance which Mr. Webb so properly 
sets forth in his notes, can act with less justice towards Brazil. 

After his note of the 23d January, in which the undersigned frankly stated 
what instructions the imperial government had given to the presidents of the 
sea-coast provinces about the procedure to be observed during the war existing 
in the United States in regard to the two contending parties, the undersigned 
believed he had satisfied Mr. "Webb and his government to the extent they 
could desire or expect from the government of Brazil. 

In those instructions the distinctions are very clearly indicated which the 
imj)erial government takes between the United States and those that st}'le them- 
selves confederate ; by them privateers bringing in prizes or not are excluded, 
saving the case of stress, from the ports of the empire. 

This Avas, as it seemed to the undersigned, tlie principal point which Mr. 
Webb desired to attain, as much from what he states in his note of the 27th 
December, as by \\]v,\t he set out in one of his first coufei-ences with the under- 
signed. 

The undersigned entertains the hope that the course of the imperial govern- 
ment will be duly appreciated by the United States as the most bec(miing for 
the reconcilement of its duties as a neutral with the sentiments of friendship 
which Brazil professes for those States. 

The undersigned is not unaware that opinions dictated by the noblest of pas- 
sions, such as patriotism, Avhich entirely preoccupies itself with the ill-fortunes 
of the state, may be honorable to him who shoAvs himself possessed of them ; 
but it does not therefore follow that such ojjinions bear the same stamp of truth 
and justice which may distinguish the opinions of those who, in an impartial 
and dispassionate position, ponder m the silence of the cabinet on the same 
subject. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 121 

The undorpigiiod entortains, moreover, the flatterinj^ confidence that m trutli 
the principh'S invoked by him, and whicli are maintained by s^o many comp(!tent 
and impartial individuals, both statesmen and i)ublicists, may rest unshaken, 
and will in the end be recopiized by the enlightened j^overnment of the United 
States, to which he hop(^s ]Mr. Webb will deign to rrtinr this subject. 

Upon the whole, the undersigned cannot conclude this I'eply without express- 
ing to Mr. Webb how much the imperial government feels the vehement and 
unjust manner in which the ex-president of Maranham is treated. After the 
explanations by which the undersigned shoAved that on the part of the then 
president of that province there was not, in the case of the Sumter, the slightest 
intention to offend the government of the United States, or the least pui'pose of 
aiding the opponents of the government of those States, but solely a sincere 
desire to proceed in accordance with the principles of neutrality whicli the im- 
perial government proposed to observe, according to the i-ules which regulate in 
such circumstances the relations of nations between themselves, the undersigned 
is pained at the manner in which Mr. Webb refers to that distinguished func- 
tionary of the empire ; and the more so, because such treatment does not har- 
monize with the kind and friendly feelings in the manifestation of which, toward 
the government of Brazil, Mr. Webb so abounds ; and it is to those feelings, as 
well as to the spirit of justice in Mr. Webb, that the undersigned addresses him- 
self on this occasion. 

The undersigned renews to General J. W. Webb the assurances of bis high- 
est consideration. 

B. A. DE MAG'^ES TAQUES. 

General J. W. Webb, 

Envoy Extraordinary and Minister Plenipotentiary 

of the United States of America. ^|ft 



3Ir. Wchb to Mr. Taques. 

Legation of the United States, 

Metropolis, February 21, 1862. 

The undersigned, envoy extraordinary and minister plenipotentiary from the 
United States, acknoA^ledges the receipt of the despatch which his excellency 
Senhor B. A. de Magalhnes Taques, minister and secretary of state for foreign 
affairs, did him the honor to address him on the 19th instant, in relation to the 
visit of the pirate or privateer Sumter to the port of Maranham, and of her 
treatment by the president of that province. 

In the despatch of the undersigned dated the 13th instant he suggested to 
your excellency that on the receipt of your excellency's response to his despatch 
of the 22d January he should refer the whole subject to the government at 
Washington, and he is pleased to learn from that response that such a dispo- 
sition of the matter will be acceptable to your excellency. 

The undersigned is pained to learn that any language he may have used in 
reference to the conduct and motives of the late president of Maranham should 
have woimded the sensibilities of your excellency and the imperial government 
of Brazil. He does not for a moment doubt that both your excellency and the 
government of which you are so distinguished a portion have entire confidence 
in the purity of that gentleman's motives in treating the captain of the Sumter 
in the manner he did, nor does he believe for a moment that your excellency 
has any doubt of that officer's friendly feelings toA\'ai-ds the United States. 
He therefore frankly expresses his regret that he should have written anything 
in connexion with the late official at Maranham which has, however uninten- 



122 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

tionally, wounded the sensibilities of tlie imperial government, or raised a doubt 
in any quarter in regard to the undersigned's feelings of fi'iendship to Brazil. 
In judging, however, of the motives of men, every individual must be guided 
by his own judgment upon the facts on which opinion is to be based. The un- 
dersigned is quite certain that your excellency and the Brazilian government 
have determinined ^yisely, according to the facts in your possession, in estimating 
the motives and conduct of the late president of ]\Iaranham in his treatment of 
the Sumter and Powhatan and their respective commanders while in that port. 
It is due, hoAvever, to the cause of truth and frankness to say that, in all human 
probability, the undersigned is better informed in relation to the sentiments of 
the ex-president towards the United States than it is possible for any govern- 
ment to be in regard to the private opinions of a subordinate, when, as in the 
present instance, I am proud to believe, those opinions are at variance with the 
sentiments of his government. 

The undersigned gives full faith to every expression of your excellency con- 
veying, either in your own behalf or in behalf of your government, friendly 
feelings towards the government of the United States, and he claims that he is 
entitled to have similar faith and confidence placed in his declarations of respect 
for your excellency, and the most friendly feelings towards the government of 
Brazil, even when he cannot, with a just appreciation of a gentlemanly frank- 
ness and sincerity, acquiesce in your excellency's estimate of the motives Avhich 
actuated the ex-president of Maranham in his conduct towards the Sumter and 
Powhatan and their respective commanders. That gentleman has ceased to be 
the representative of the imperial government in the province of Maranham, and 
his conduct and opinions, evinced either by acts or in conversation, are no longer 
of any importance to the undersigned or his government ; but it would be strange, 
indeed, if your excellency and the government of Brazil should doubt the sin- 
cerity of the undersigned's assurances of esteem and good-will because, upon 
what he deems good authority and well authenticated facts, he doubts the friendly 
feelings of your late official towards the government of the United States, and 
presumes to question his motives in the proceedings in connexion with the 
Sumter which have led to this correspondence. 

The undersigned again, and in all sincerity, renews to your excellency the 
expression of his personal esteem and most distinguished consideration. 

J. WATSON WEBB. 

His Excellency Senhor B. A. DE Magalh.es Tauues, 

Counsellor, Minister of State, and Secretary of Foreign Ajfairs. 



INSURGENT PllIVATEERS IN FOREIGN PORTS. 123 



NETHERLAi\DS. 

3Ir. Pike to Mr. Scicard. 

[Extract.] 

No. 26.] United States Legation, 

Tlie Hague, November 13, 1861. 
Sir : I duly received your despatch. No, 26, of tlie 17th ultimo, containing 
your reply to the communication of Baron Van Zuylen of the 17th of September. 
I have embodied the substance of it in a note which I have communicated to the 
minister of foreign affairs. 

I have the honor to be, Avith great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. Pilce to Mr. Seicard. 



[Extract.] 

No. 30.] United States Legation, 

The Hague, December 11, 1861. 

Sir : I have had the honor to receive your despatches Nos, 30, 31, and 32. 

I have communicated the substance of that of November 11, No. 31, referring 
to the order of this government in regard to the piratical vessels of the seceding 
States, to Monsieur Strens, minister of foreign affairs ad interim. 

I am much gratified to learn that my views and proceedings in this perplex- 
ing case have received your apjjrobation. 



* 
I have the honor to be, &c., 

Hon. William H. Seward, 

Secretary oj" State. 



JAMES S. PIKE. 



Mr. Seward to Mr. Pike. 



No. 34.] Department of State, 

Washington, December 4, 1861. 
Sir: I leam by communications from Mr. Morse, consul of the United States 
at Curacoa, that on the eighth day .of November last the United States steamer 
Iroquois, a ship-of-war, arrived off the port of Curagoa, and signalled to the shore 



124 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

for a pilot ; that the harbormaster, Mr. Garsta, thereupon re])aired on board the 
steamer, bearing a letter from the governor of the island, which letter, besides 
matters too disrespectful to the United States to be recited in this communica- 
tion, informed the commander of the steamer that her stay in the port must be 
limited to forty-eight hours, and that she would be allowed to take in coal suffi- 
cient only for twenty-four hours' consumption. 

I am further informed in the same manner that although the United States 
had at the time more than thirteen hundred tons of coal at Cura9oa, Lieutenant 
Palmer, commander of the steamer, promptly declined to enter the port upon the 
terms thus prescribed to him by the governor. 

You will seek an early opportunity to bring this subject to the notice of his Ma- 
jesty's government, and inquire whether the proceedings of the governor atCurayoa 
is approved by it. You will be at liberty to add that this government entirely 
approves of the decision of the commander of the Iroquois, declining to enter the 
port under the circumstances thus understood here. 

If his Majesty's government shall approve of the proceedings of the governor 
of Ouragoa, it will become an important question what measure of hospitalities 
will be due by us to the naA'al vessels and authorities of the Netherlands in sim- 
ilar cases. 

I send you an extract of the consul's despatch, setting forth the circumstances 
at lare-e. 



I am, sir, your obedient servant, 
James S. Pike, Esq., S^v., ^v., S^c. 



WILLIAM H. SEWARD. 



Mr. Seward to Mr. Pike. 
[Extract.] 



No. 35.] Department of State, 

Washington, December 6, 1861. 

gjj^. * * * * -i: * # 

We are not yet entirely informed of the disposition which has been made of 
the subject discussed by me in the previous papers, relating to the hospitality 
shown to privateers in the ports of the Netherlands. You will, however, not 
need to be urged to secure prompt attention to the subject committed to your 
charge. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
James S. Pike, Esq., S^c., ^x., &c. 



Mr. Pike to Mr. Scivard. 



No. 31.] United States Legation, 

The Hague, December 25, 1861. 

Sir : I have the honor to enclose you the latest communication I have re- 
ceived from this government on the Sumter case, dated the 14th of the present 
month. 

Your despatch of November 23, No. 33, came duly to hand, and I have com- 
municated its contents to the minister of foreign affairs. I have now your 



INSURGENT PKIVATEERS IN FOREIGN PORTS. 125 

despatch, No. 34, of the 4th of Docombcr, in rcsjtect to tlic treatment of the 
United States steamer Iroquois at Cura(;oa, which shall receive my attention. 
********* 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. William H. Seward, 

Secretary of State, Washington. 



Mr. Strens to 31r. Pike. 



The Hague, December 14, 1861. 
Sir : The communication which you addressed to my predecessor, under 
date of Sth November last, having been examined with all the attention which 
its contents merit, I have the honor to inform you that the King's government 
expresses itself in the despatches of 17th September and 29th October last 
with entire frankness on the line of conduct, and on the principles which had 
guided it in the affair of the Sumter. We owed it to the ties of friendship 
which unite the two governments, and which that of the Netherlands will 
desire always to cement. 

We thought we could flatter ourselves that our explanations would be of a 
nature to satisfy the cabinet of Washington, but we have been, unfortunately, 
mistaken in our attempt. Far from entering upon a serious discussion of the 
argiiments contained in the desj)atches above mentioned, there has not, as it 
seems, been given to the question the attention which its importance deserves, 
as also do the sentiments Avhich have ever presided over the relations between 
the two governments. Those arguments have therefore lost none of their 
weight in the views of the cabinet of the Hague, and it continues to refer to 
them. 

I allow myself to remark, sir, that it is not possible to rest content with the 
assertion, pure and simple, which you repeat in your last reply, that the Sumter 
is a privateer — nay, even a pirate. That question is what governs the whole 
matter, and has need to be examined in all its aspects, in order finally to receive 
a solution which may put an end to future difficulties. 

But the cabinet of Washington, not having considered that it ought to have 
adduced evidence in support of its opinion relative to the Sumter, and the char- 
acter of that vessel being therefore necessarily to be determined, not according 
to the special laws of one country or another, but according to the general 
pi-inciples of the law of nations, the royal government can only maintain those 
which it has set forth in explanation of its manner of acting in this circumstance. 
The United States regard those of the south as rebels; they deny to them 
all rights of sovereignty, and, by consequence, the power to make regular war. 
It is not my purpose, in this place, to discuss at length this pretension, which 
has already been treated of in the answer of my predecessor, under date of 17th 
September last, and it would be very easy to prove that there is a very wide 
difference between the rupture of the federal compact by the southern States 
and that which ordinarily is called a rebellion; and that, moreover, if such an 
Insui-rection against lawful authority existed at the beginning, the struggle has 
long since assumed quite different proportions, and has put on the character of 
civil war, in which it is of the very essence of neutrality to accord to the two 
parties the rights of belligerents. This is what, I flatter myself, has been suf- 
ficiently proven by the government of the Netherlands. 

The United States have always carried out the same principles ; the policy 
the American government, in respect to Europe, has always held as a prin- 



126 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

ciplc, as is affirmed in the message of President Monroe to Congress, the 2d 
December, 1823, never to interfere in the affairs of the European powers, and, 
he adds " to consider the government dc facto as the legitimate government for 
us." — (Am. State Papers.) 

In the report of the Committee on Foreign Affiiirs of the House of Repre- 
sentatives at AVashington, the 19th March, 1822, we read: "Who is the riglitful 
sovereign of a country, is not an inquiry permitted to foreign nations, to whom 
it is competent only to treat with the powers that he. There is no diiference 
of opinion on this point among the writers on public law," &c. Further on we 
read the following words : " The peace of the world and the independence of 
every member of the great political ftimily require that each should be the 
exclusive judge of its own internal proceedings, and that x\\g fact alone should 
be regarded by foreign nations. Even when civil war breaks the bonds of 
society and of government, or at least suspends their force and effect, it gives 
birth, in the nation, to two independent parties, who regard each other as ene- 
mies, and acknowledge no common judge. It is of neressitij, therefore, that 
those two parties should be considered by foreign states as two distinct and 
independent nations." 

By multiplying quotations we should only corroborate by new proofs those 
which bave already been furnished, to the effect of proving that nations which 
desire to remain peaceful lookers-on of the war must accept the facts without 
discussing them, and recognize the equal rights of the two parties. It is out of 
this duty that is derived that rule of international law that all regular wars must 
be considered just on the part of the two belligerents. 

History offers a great number of examples of the application of this principle, 
of which some have been called to notice in the reply of the government of the 
Netherlands of the 17th of September last. 

England and France have recognized in those whom the government of AVash- 
ington consider as rebels the right to make Avar, and that of being treated by all 
as regular belligerents. Those powers could not do otherwise, if they would 
not treat as pirates several millions of men. 

In the presence of this impossibility the United States themselves have re- 
coiled, and the nature of circumstances have obliged them to adopt, at least in 
practice, the principles held up to this time. 

Far from us be the slightest inclination to discuss much less to disapprove 
this policy; but shall we not be allowed to remark that, when treating of the 
application of the principle in its vigor, and of carrying into execution the laws 
against rebels, we have not been willing to assume the terrible responsibility of 
the consequences which, without any doubt, would be hurried on by putting 
into execution the minatory measures against the citizens of the south announced 
by the President of the republic'? AA^e should fear, in fact not without reason, 
that if such measures were carried out the secessionist States would execute ter- 
rible reprisals. 

This measure has been employed more than once in the course of modern 
times, and here behold, besides reasons of equity, the cause which induces bel- 
li"-erents to treat their enemies, even revolted subjects, conformably with the 
usages of warfare, and to recognize the legitimacy of their reciprocal armaments. 
AVe cannot, therefore, frima facie, look upon all vessels armed for war by the 
States of the south as privateers, much less as pirates. This also has been im- 
plicitly acknowledged in the capitulation of Fort Ilatteras on the 29tb of August 
last; the articles are signed, among others, by S. Barron, calling himself "tiag- 
officer Confederate States navy." It will, without doubt, be useless, sir, to pro- 
long a painful discussion, which has already been too long perhaps. 

The royal government has done all in its power to reconcile the rights and 
duties of neutrality with the sentiments of friendship, which unite it with that 
of the United States. If you will devote a kindly-disposed attention to the 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 127 

different communications interclianged, you will see that all the measures taken 
here, the instructions given to the colonial authorities, manifest the sincere desire of 
the cabinet of the Hagiie to maintain intact the intimate relations which have 
existed, and I hope will continue ever to exist between the two countries. 

The line of conduct followed here is found traced out in the work, Avhich has 
already been cited several times in preceding letters, by a diplomatic publicist of 
the United States, Mr. Wheaton, who writes what follows : 

" Until the revolution be consummated, that is to say, while civil war continues, 
other states may either remain indifferent spectators of the strife, at the same 
time continuing to regard the old government as sovereign and the government 
dc facto as having the right to make war upon its adversaries as they may take 
up the cause of one or the other belligerent party as they may find themselves 
supported by justice or not." 

It is upon the first of these alternatives that the royal government has de- 
termined. It holds that it ought to persist in this policy, which is indicated to 
it by its duties and by care for its own dignity. It will therefore continue to 
receive in its ports the vessels-of-war of the two parties which at present divide 
the United States, without at any time allowing, as assurance has already been 
given at the close of the communication of 17th September last, that the Sum- 
ter, or any other vessel of either belligerent party, may make of any port 
belonging to his Majesty the base of its operations against the commerce of the 
enemy of such party. 

I flatter myself, sir, that the reasons which have guided the cabinet of the 
Hague in the question which engages us will be judged with impartiality and 
good will by the government of the republic, whose existence was recognized 
by that of the united provinces, and with which the latter contracted the most 
intimate alliance when the independence of the theretofore English colonies was 
still to be conquered — an alliance which from that time has not ceased to bear 
the best fruits for the interests of the two states. 

Please to accept, sir, the renewed assurances of my high consideration. 

STRENS. 

Mr. Pike, Minister Resident of the United States of America. 



Mr. Pike to Mr. Setvard. 
[Extract ] 



No. 32.] The United States Legation, 

The Hague, January 1, 1862. 

Sir** * * * * * * * * 

I have the honor to enclose yon the reply of this government to my repre- 
sentations in the case of the Iroquois, by which you will perceive (as you will 
have learned from the communication I forwarded to you with my despatch 
last week) that all restrictions upon our ships-of-war in the Dutch West Indies 
have been removed, the policy of exclusion having been abandoned by this 
government — it now occupying the position taken by England in the Trinidad 
case, an example which, I informed yon in the early stages of the recent dis- 
cussion, 1 feared would be followed. 
********** 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. William H. Seward, 

Secretary of State. 



128 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

Mr. Strens to Mr. Pike. 
[Translation.] 

The Hague, Dcccmher 30, 1861. 

Sir : In reply to your letter of the 26tli of this mouth, I have the honor to 
bring to your knowledge that already, on the 29th of November last, before the 
arrival of the vessel the Iroquois at Cura^oa was even known here, the in- 
structions previously given to the governor of that island, as well as to the 
governor of Surinam, were modified to the effect that American vessels-of-war 
could remain in our ports without limitation as to time, and there load with coal 
without limitation as to quantity. 

This modification of the first instructions has taken place in accordance with 
suggestions from the governor of Cura^oa, who was of opinion that it would be 
useful to the United States. 

I have, therefore, every reason to believe that it will be agreeable to your 
government, with which, you are aware, sir, we wish to continue the friendly 
relations which have always existed. 

Accept, sir, the renewed assurances of my high consideration. 

STRENS. 

Mr. Pike, Minister Resident of the United States of America. 



Mr. Seward to Mr. Pike. 



No. 40.] Department of State, 

Washingto7i, January 13, 1862. 

Sir : Your despatch of the 25th of December, No. 31, has been received. It 
is accompanied by a note addressed to you by Mr. Strens, the minister for 
foreign affairs, relating to the transactions at Cura^oa on the visit of the Sumter 
at that port. 

I shall defer an examination of this paper until we shall obtain a clearer view 
of the attitude of some other European states upon qiiestions of a nature 
kindred to that which we have occasion to discuss with the government of the 
Netherlands. 

I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 

James S. Pike, Esq., Sfc., 4^., Sfc. 



Mr. Pike to Mr. Seward. 
[Extract] 



No. 36.] United States Legation, 

The Hague, February 5, 1862. 

Sir : I have had the honor to receive your two despatches of the 9th and 
13th of January, Nos. 39 and 40. 

You will have observed that the recent action of the British government con- 
forms, substantially, to that of Baron Van Zuylen on the questiou of harboring 
and supplying the vessels preying upon United States commerce. 

Mr. Strens, the minister of foreign affairs ad interim, who discontinued that 



INSURGENT PRIVATEERS IN FOREIGN TORTS. 129 

policy of restriction of which action I have aU-eatly liad tlie honor to inform 
you, has now been (Supplanted by Mr. Stratenus. 

Tliis gentleman, late minister at the court of Hanover, takes the post of 
minister of foreign affairs (also ad interim) in the new cabinet, which has at 
length been formed under the lead of ^Iv. Thorbecke, the leader of the so-called 
liberal party to whom I refen-ed in my last. 

I await your directions in regard to asking for a resumption of the policy of 
Mr. Van Zuyler on the subject in question before bringing it to the attention 
of the new ministry. 
********** 

I have the honor to be, with great respect, your most obedient servant, 

JAMES S. PIKE. 
Hon. "William H. Seward, 

Secretary of State. 



Mr. Seward to Mr. Pike. 
[Extract.] 



No. 44.J Department ok State, 

Washington, February 27, 1862. 

Sir : Your despatch of February 5 (No. 36) has been received. 

You will lose no time in calling the attention of Mr. Stratenus to the subject 
of the intrusion of insurgent piratical American vessels seeking shelter in the 
ports of the Netherlands and their colonies. If you cannot obtain a decree 
excluding them altogether, it is thought that the government will have no hesita- 
tion in restoring the restrictive policy which was adopted by it under the repre- 
sentatives of its foreign affairs by Baron Von Zuyler. 

I trust, however, that the government will go further and reconsider the 
whole subject. The insurgents have never, since they attempted a revolution, 
been able to command ingress and egress at any port in the United States. 
Practically all the seaports occupied by them are effectually invested by the 
naval forces of the United States. Large stretches of the coast of the insur- 
rectionary States are already in the occupation of the United States, including 
many of their ports. The others are falling rapidly into the same occupation. 
The arms of the United States have successfully resisted the revolution, and it 
is yielding on all sides before them. 

The time is an opportune one for those friendly powers which, as we think, 
so prematurely and unnecessarily conceded belligerent rights to the insurgents 
to reverse that policy and resume the original relations with the United States. 
Perseverance by them in that policy can only embarrass a commerce between 
those powers and the United States, the obstruction of which is only less inju- 
rious to themselves than to our own country, while it sustains hopes of foreign 
intervention, already rendered despei'ate by the manifest disposition of that por- 
tion of the people which has been invited to return to the constitutional relations 
with the federal government. 

H. Ex Doc. 104 9 



130 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

This domestic war lias l)oen protractod long enough. It is the interest of 
humanity that it should be clo.ed as speedily as possible. It would come to an 
encUo-m^orrow if the European states should clearly announce that expectations 
of favor from them must be removed. ^ ^ ^ i^ m 



* * * * 



I a™, si,-, your obedient servant, ^-ilLIAM H. SEWAED. 

James S. Pike, Esq., &(c., ^r., ifc. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 131 



REPORTS 



CO^^SULS OF THE U^'ITED STATES 



IN 



Relation to Privateers, &fc., S^-c. 



GREAT BRITAIN. 

Mr. Whiting to Mr. Seward October 25, 1861. 

Same to same October 26, 1861. 

Same to same, (with one euclosm-e) December 9, 1861. 

Same to same December 10, 1861. 

Same to same, (with one enclosure) December 10, 1861. 

Same to same, (with two enclosures) December 12, 1861. 

Same to same December 13, 1861. 

Same to same, (with one enclosure) December 19, 1861. 

Same to same December 23, 1861. 

Same to same January 2, 1862. 

Same to same January 19, 1862. 

Same to same January 20, 1862. 

Same to same February 12, 1862. 

Same to same February 16, 1862. 

Mr. Wells to Mr. Seward, (with three enclosures) November 1, 1861. 

Same to same November 3, 1861. 

Same to same November 8, 1861. 

Mr. F. W. Seward to Mr. Wells December 18, 1861. 

Mr. Allen to Mr. Seward, (with one enclosure) February 20, 1862. 

Same to same February 22, 1862. 

Same to same February 25, 1862. 

Mr. Trowbridge to Mr. Seward November 19, 1861. 

Mr. F. W. Seward to Mr. Trowbridge December 17, 1861. 

Mr. Trowbridge to Mr. Seward November 2Q, 186L 

Mr. F. W. Seward to Mr. Trowbridge January 9, 1862. 

Mr. Hogg to Mr. Seward November 21, 1861. 

Mr. Britton to Mr. Seward November 22, 1861. 

Mr. Morse to Mr. Seward November 23, 1861. 



132 INSURGENT PEIVATEERS IN FOREIGN PORTS. 

Same to same, (witli five enclosm-es) November 30, 1S61. 

Same to same December 7, 1861. 

Same to same, (Avith one enclosure) December 20, 1861. 

Mr. Sprague to Mr. Seward January 6, 1862. 

Mr. F. W. Seward to Mr. Sprague February 1, 1862. 

Mr. Sprague to Mr. Seward January 25, 1862. 

Mr. F. W. Seward to Mr. Sprague February 8, 1862. 

Mr. Sprague to Mr. Seward, (with one enclosure) February 7, 1862. 

Same to same, (with five enclosures) February 18, 1862. 

Same to same, (with two enclosures) March 14, 1862. 

Same to same March 21, 1862. 

Mr. Brown to Mr. Seward January 25, 1862. 

SPAIN. 

Mr. Shufeldt to Mr. ScAvard, (with eight enclosures) July 10, 1861. 

Same to same, (with ten enclosures) J"ly 17, 1861. 

Mr. Seward to Mr. Shufeldt July 29, 1861. 

Mr. Shufeldt to Mr. Seward August 1, 1861. 

Mr. Seward to Mr, Savage September 30, 1861. 

Mr. Hooken to Mr. SeAvard July 19, 1861. 

Mr. Little to Mr. SeAvard February 10, 1862. 

PORTUGAL. 
Mr. Dabney to Mr. ScAvard, (Avith one enclosure) February 28, 1862. 

BRAZIL. 
Mr. McGrath to Mr. ScAvard, (AAdth tAvo enclosures) September 15, 1861. 

NETHERLANDS. 

Mr. Jesurun to Mr. Seward, (with tAvo enclosures) July 19, 1861. 

Same to same July 27, 1861. 

Same to same August 7, 1861. 

Same to same August 26, 1861. 

Same to same September 3, 1861. 

Same to same September 6, 1861. 

Same to same September 6, 1861. 

Mr. Morse to Mr. Seward NoA'ember 8, 1861. 

Same to same November 9, 1861. 

]\Ir. Sawyer to Mr. ScAvard, (Avith nine enclosures) September 4, 1861. 

Mr. F, W. Seward to Mr. SaAvyer October 4, 1861- 

Mr. Sawyer to Mr. Seward, (with one enclosure) September 5, 1861 

Same to same, (Avith one enclosure) September 10, 1861. 

Mr. F. W. Seward to Mr. Sawyer October 17, 1861. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 133 

Mr. Sawyer to Mr. Seward September 24, 1S61 

Same to s ime October 20, 1S61 . 

Mr. F. W. Seward to Mr. Sawyer December 11, 1861. 

Mr. Sawyer to Mr. Seward October 22, 1861. 

Same to same November 4, 1861. 

Same to same December 16, 1861. 

Same to same January 12, 1862. 

DENMARK. 

Mr. Edgar to Mr. Seward August 22, 1861. 

Mr. F. W. Seward to Mr. Edgar September 12, 1861. 

Mr. Edgar to Mr. ScAvard November 25, 1861. 

Mr. F. W. Seward to Mr. Edgar December 16, 1861- 

HAMBURG. 

Mr. F. W. Seward to Mr. Anderson July 20, 1861. 

Mr. Anderson to Mr. Seward August 20, 1861. 

Same to same January 6, 1862. 

VENEZUELA. 
Mr. Goldiug to Mr. Seward August 18, 1S6L 



INSUKGENT PRIVATEERS IN FOREIGN TORTS. 



GREAT BRITAIN. 



3Ir. Whiting to Mr. Seward. 

Xo. 32.] Consulate of the United States of America, 

At Nassau, N. P., Bahamas, October 25, 1861. 
gjjj .#******* 

On the 14tli ultimo an armed steamer called the Theodora, direct from 
Charleston, chased the New York underwriters' schooner, the H. W. Johnson, 
into the very mouth of this harbor. 

The steamer was boarded by a secession merchant of this place, and he^ 
brought ashore the report that the steamer was en route to Havana, with a large 
number of passengers on their way to England. 

It is certain that she was well armed, and that her passengers were also well 
provided with small arms. 

The opinion here is that, having heard that the armed schooner H. W. John- 
sou was cruising about the banks, they thought she would be a most desirable 

prize for their piratical expeditions. 

********* 

I have the honor to be, sir, very respectfully, your obedient servant, 

SAMUEL WHITING, 



United States Consul. 



Hon. William H. Seward, 

Secretary of State. 



Mr. Whitins[ to Mr. Seward. 



No. 33.] Consulate of the United States, 

At Nassau, N. P., October 26, 1861. 

Sir : Since writing despatch No. 32 I have learned from good authority that 
the so-called steamer Theodora is the Charleston packet Gordon, lately plying 
between that port and Fernandina, and the captain, Hobert Lockwood, who was 
l)ilot of the steamer Columbia, which I commanded, sent his resj)ects to me. He 
commanded the Gordon Avhen I was last in Charleston, and the Theodora and 

Gordon are undoubtedly one and the same. 

********* 

I have the honor, &c., 

SAMUEL WHITING, Consul. 
Hon, William H. Seward, 

Secretary of State. 



INSURGENT PRIVATEERS IN FOREIGN TORTS. 135 



Mr. Whiting to Mr. Setoard. 

No. 41.] United States Consulate, 

At Nassau, N. P., December 9, 1861. 

Sir : The British steamer (screw propeller) Gladiator has just arrived at this 
port from London, it is supposed, laden with arms and munitions of war for the 
rebel States. 

I at once chartered the schooner Charles Tunnel at ten dollars per diem, and 
despatched a trusty gentleman, George E. Leonard, to Key West with despatches 
for the commander of the United States naval forces at that port. 

I also sent at once a letter to the governor, Neshitt, a copy of which I enclose. 

Strenuous exertions are being made by the merchants here to induce the 
governor to prevent the landing of the cargoes of coal just arrived, and consigned 
to my care by the United States navy agent at Philadelphia. My impression 
is that there can be no legal prevention, and I shall act accordingly. 

The steamer Ella Warley, mentioned in several late despatches, is here, and 
I am inclined to the belief that her mission is to receive the cargo of the Gladi- 
ator and nni it to the rebel States. 

An American cruiser would be a godsend at this juncture, and my best hop ■ 
is that the coal shipment is the precursor of such an arrival soon. 
I have the honor to be, sir, your most obedient servant, 

SAM'L WHITING, Consul. 

Hon, William H. Seward, 

Secretary of State. 



Mr. Whiting to Governor Xeshitt. 

United States Consulate, 
At Nassau, N. P., Deeemher 9, 1861. 

Sir : It becomes my duty, as consul for the United States of America, to in- 
form your excellency of the arrival at this port this day of the British steamer 
Gladiator, laden with arms and munitions of war for the rebel States of America. 
I am advised of the clearance of this vessel from London for this port Avith 
this " contraband of war," and I earnestly appeal to your excellency to prevent 
this cargo from being shipped to the rebel States for the use of those who are in 
arms to overthrow the established government. 

I have the honor to be, sir, your excellency's most obedient servant, 

SAM'L whiting, U. S. Consul 
His Excellency Governor Nesbitt, 

Acting Governor of the Bahamas. 



Mr. Whitins: to Mr. Seward. 



No. 42.] United States Consulate, 

At Nassau, N. P., December 10, 1861. 

Sir : I have already, through different channels, apprised you of the arrivals 
of the steamers Isabel and Gladiator, the last from London with arms for the 
rebels. 



loG INSURGENT PEIVATEEES IN FOREIGN PORTS. 

Tliis morniiif^ the gtcamcr Theodora, Lite tlie Gordon, arrived lierc direct from 
Charleston, yhe seemed to be badly damaged about her npper Avorks as she 
passed the consulate, probably the eft'ects of the late severe and protracted gale. 

I have despatched a bearer of despatches in the schooner Charles Tunnel! for 
the commanding officer of the naval forces at Key West, as I think it most im- 
portant that on(^ of our cruisers should be in this vicinity. 

The coal which is being landed here for government has caused great excite- 
ment among the Nassau masses, and a deputation visited Governor Nesbitt 
yesterday to remonstrate against its being landed. They were referred to the 
attorney general, who shoAved them that it could not be legally prevented. 
They do not know that the coal is government stores, though they take that 
for granted ; and the most ultra ones swear that it cannot be reshipped on board 
a national vessel M'ithout A-iolating their " neutrality " laws. This is bare- 
faced, when there are three rebel steamers now in front of the consulate with 
secession rags Hying, and a British steamer with " contraband of war " on board. 
I have the honor to be, &c., 

SAM'L WHITING, Consul. 

Hon. William H. Seward, 

Secretary of State, 



Mr. Whiti7is; to Mr. Seward. 



No. 43.] United States Consulate, 

At Nassau, N. P., December 10, ISGl. 

Sir : I have the honor to enclose to you a copy of the letter sent to me this 
morning by the colonial secretary, acting on the orders of Lieutenant Governor 
Nesbitt, in relation to the landing of the cargoes of coal consigned to me by the 
United States navy agent at Philadelphia. 

The vessels Avere at the consulate dock, and were just on the point of dis- 
charging, Avhen I received the governor's letter, and I at once stopped the land- 
ing of the coal to aAvait the arrival of the steamer, Avhen I hope to have advices 
in relation to it. The demun-age will be heavy, to be sure — twenty dollars per 
diem — Init if the coal is kept afloat one of our steamers could be supplied at 
once should she arrive. 

One thing is patent, viz : The government of the United States need expect 
no favor from the colonial government of the Bahamas, while every facility and 
encouragement is extended to the rebels who are seeking its overthroAv. 

I have the honor, &c., 

SAM'L WHITING, V. S. Consul. 
Hon. William H. Seward, 

Secretary of State. 



BAHAMAS. 

Colonial Secretary's Office, 

Nassau, December 10, 1861. 

Sir : The receiver general and treasurer having on the 7th instant forAvarded 

to the lieutenant governor the manifest of cargo on board the United States 

schooner Caleb Stetson, by Avhich it appears that such cargo consists of three 

hundred tons of coal, Avhich was shipped from the port of Philadelphia by order 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 137 

of the United States Navy Department, and consip^ncd to yourself as the United 
States consul at this j)ort, I am directed by the lieutenant governor to inform 
you that although he has given directions to the receiver general and treasurer 
to admit the coal to an entry and landing, yet it is on the express condition and 
understanding that such coal shall not aftCTwards be reshipped or otherwise used 
in any manner which may, in the opinion of the law authorities of the colony, 
involve a breach of her JMajcsty's ])roclamation of tlu; 13th of May last, and 
particularly that such coal shall nt)t be used for the pm-pose of coaling, or afford- 
ing facilities for coaling, at this port the vessels-of-war of the United States 
navy during the continuance of the hostilities now unhappily existing in 
America, as his excellency is advised that such Avould constitute a breach of her 
Majesty's proclamation before referred to, (a co])y of which is enclosed,) the 
provisions of which it is his excellency's intention to jireservo inviolate, unless 
specially authorized by her Majesty to depart therefrom. 
I have the honor to be, sir, your obedient servant, 

A.J.THOMPSON, 

Acting Colonial Secretary. 



Mr. W/i/fi'n£r to Mr. Seward. 



No. 44.] United States Consulate, 

At Nassau, N. P., December 12, 1861. 

Sir: I have the honor to enclose to your address a true and faithful copy of 
the letter addressed to me by the colonial secretary, as directed by the lieutenant 
governor, Nesbitt, of the Bahamas, in ansAver to my own addressed to him on 
the 9th instant, relative to the arrival of the Gladiator. 

I have this day sent to the governor the certificate of the schooner Caleb 
Stetson's master, stating that his vessel is in a leaky condition, and that it is 
necessary for the safety of his ship and cargo that part of his coals should be 
landed at once. 

I therefore requested his excellency's permission to discharge on board the 
United States steamer Flamljeau sufficient coal to lighten the Caleb Stetson, 
citing several authorities as proof that "coal is not contraband." 

I enclose a copy of his excellency's reply objecting to the transhipment, but 
allowing me to lafid the coals on the conditions before named. 

As this would place it out of my power to rcship them for the use of any 
United States war vessel, I have ordered the coal schooners to go off to anchor 
until I receive advices from the department. 
I have the honor to be, &c., 

SAMUEL WHITING, Consul. 

Hon. William H. Seward, 

Secretary of State. 



BAHAMAS. 

Colonial Secretary's Office, 

Nassau, December 10, 1861. 

Sir: I am directed by the lieutenant governor to acknowledge the receipt of 

your letter of the 9th instant, in which you state that you deem it your bounden 

duty to inform his excellency of the arrival at this port, on the last-mentioned 

date, " of the British steamer Gladiator, laden with arms and mimitions of war 



138 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

for the rebel States of America," and tliat you were advised of her clearance for 
this port with this "contraband of Avar," and "earnestly appealing to his ex- 
cellency to prevent her cargo from being reshipped or transported to the United 
States for the use of those in arms to overthrow that government." 

His excellency desires me to assure you of his anxiety to preserve the strict 
neutrality which her j\Iajesty has enjoined in the royal proclamation of the 13th 
May last, and to enforce the same on all her Majesty's subjects, and others in 
this colony, so far as the law will justify him. 

His excellency has, with this view, made careful inquiry into the case of the 
steamer Gladiator, and finds that she is registered in London, and left tliut port 
ostensibly on "a voyage to Teneritfe, thence to Nassau, N, P., and any other 
places in the West Indies, east coast of South and North America, and back to 
a port in the United Kingdom;" and in the report made by the master at the 
treasury under the colonial law, it is stated that she is bound from Tenerifle to 
Vera Cruz, with a general cargo, not to he landed here ; the avowed object of 
her entering this port being to coal. 

As far as these papers show, the voyage is a legal one ; and the fact of there 
being arms and other munitions of war on board of her will not of itself alter 
the legal character of the transaction, as there exists no prohibition, as far as his 
excellency is aware, to the conveyance in a British ship from one British port to 
another, or from a British port to a neutral one, of arms or other munitions of 
war as cargo. 

Unless, therefore, you are prepared with such evidence as Avill be receivable 
in a British court of law to prove that the arms and other munitions of Avar, now 
alleged by you to be on board of the Gladiator, have been shipped for the pur- 
pose of conveyance, and are noAv in the course of conveyance to some port of 
the Confederate States of America, his excellency is advised that the vessel can- 
not be vieAved as a " storcship " Avithin the meaning of the act of Parliament 
referred to in her Majesty's proclamation, and that the authorities of this colony 
have no right to interfere Avitli her or her cargo, or to Avithhold from her any of 
those privileges Avhich, as a British ship, she is entitled to in a British poit. 
I have the honor to be, &c., 



United States Co.xsil, Nassau, X. P. 



A. J. THOMPSON, 

Colonial Secretary. 



BAHAMAS. 

Colonial Secretary's Office, 

Nassau, December 12, 1861. 

Sir : I have the honor to acknoAA'ledge the I'eceipt of your letter of this date, 
stating that the master of the schooner Caleb Stetson, of Philadelphia, uoav 
lymg in this port of Nassau, has this day testified before you that his vessel 
Avas leakhig so badly that it is necessary that she be at once discharged or 
lightened, and requesting permission to land the coal on board the United States 
steamer Flambeau as soon as possible. 

In reply, I am directed by the lieutenant governor to state that his excel- 
lency is of opinion that it Avould be objection able, and in Aiolatiou of the decis- 
ion already arrived at and communicated to you, to permit the coals on board 
the Caleb Stetson to be transhipped to the United States steamer Flambeau, 
but as consignee you have a right to enter the coals and land them. 
I liaA^e the honor to be, &:c., 

A. J. THOMPSON, 

Colonial Secretary. 
Samuel Whiting, 

United States Consul. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 139 



Mr. Whiting to Mr. Seward. 

No. 45.] United States Consulate, 

At Nassau, N. P., December 13, 1861. 
Sir : I have the honor to inform you of tlie arrival at this port, on the 11th 
instant, of the United States steamer Flambeau, Temple, commander, iive days 
from New York, all well. 

The arrival was most opportune, as two secession steamers were then lying 
in this harbor, and the British steamer Gladiatoi*, from London, unJouhtcdly 
laden with arms and munitions for the rebel States. 

The day previous to the arrival of the Flambeau I had chartered a small, 
fleet schooner and sent a bearer with despatches to the commanding naval officer 
at Key West. 

The captain of the Flambeau is watching intently the movements of these 
rebel steamers, but an English man-of-war has just arrived, and sev(!ral more 
are telegraphed as in sight, and I do not doubt that every protection Avill be 
afforded to the Gladiator, and every means afforded to facilitate her escape. 
I have the honor to be, sir, &c., &c., 

SAMUEL WHITING, Consul. 
Hon. WiLLiAiM H. Seward, 

Secretary of State. 



Mr. Whitiyisc to Mr. Seward. 



No. 46.] United States Consulate, 

Nassau, N. P., December 19, 1861. 

Sir : I have the honor to infonn you that on the 13th day of December, after 
having been refused permission to put coals on board the United States steamer 
Flambeau from an American schooner, the Caleb Stetson, I noticed that the 
privateer or secession vessel, the Theodora, Mason and Slidell's packet, was 
being coaled by Hy. Adderley, of this place. 

I sent a remonstrance to the governor, and have the honor to enclose his reply. 
Very respectfully, &c., &c., 

SAMUEL WHITING, Consul. 
Hon. William H. Seward, 

Secretary of State. 



BAHAMAS. 

Colonial Secretary's Office, 

Nassau, December 14, 1861. 

Sir : I have the honor to acknowledge the receipt of your letter of yester- 
day's date, Avhich I submitted to the lieutenant governor, who, in reply, desires 
me to inform you that he finds, on reference to the official correspondence on the 
subject of the coal recently brought to this port from Philadelpliia, that the 
cases referred to are altogether dissimilar. 

The Theodora is a merchant vessel lawfully trading to this jiort, and being 
propelled by steam it is necessary, to enable her to pursue her occupation as a 
trader, that she should be supplied with coal. The furnishing this necessary 
article, therefore, for her use, by a merchant in the way of trade, is perfectly 
lawful, and cannot be construed into a breach of neutrality. 



140 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

It ins true tliat in your letter you style the vessel "a privateer," but as far as 
she is kuoAvn to tlie authorities here she is a merchant vessel, and you yourself 
make use of the alternative, " the privateer or secession vessel." 

The Flamhoau is, on the other hand, avowedly an anncd vessel in the service 
of the federal i^overnment. She has entered this port without any apparent ne- 
cessity for so doing, and the authorities have not been informed of the object of 
her visit. She has already been in port for several days, and the only object 
which it is reasonable to suppose that her commander has in view is to watch 
and endeavor to intercept and capture confederate vessels trading to this port. 

If so, this is making an undue and improper use of a neutral port, and to 
supply her with coal would be to facilitate her heUigercnt oj^erations. 

So far as the Flambeau is concerned, coal must be considered as contraband 
of war, and consequently an article Avhich, under her Majesty's proclamation, 
cannot froperhj be suppdicd to her in this j)ort. 

I have the honor to be, sir, your obedient servant, 

A. J. THOMPSON, 

Acting Colonial Secretary. 
Samuel Whiting, 

United States Consul, Nassau. 



Mr. Whitin^r to Mr. Seivard. 



No. 47.] United States Consulate, 

At Nassau, N. P., December 23, 1861. 

Sir: I have the honor to inform you that on receipt of the letter from the 
colonial secretary of the Bahamas, a copy of which I mailed by this steamer to 
the Department of State, in which he says that the government coal for the 
Flambeau must be considered contraband, I at once despatched one of the 
schooners to Key West, there to be discharged. The other, the Caleb Stetson, 
is still here, and though the demurrage is quite an item, still I am not quite set- 
tled as to any more proper course to be followed. 

The Flambeau is still here, though the Isabel and Theodora have both left 
the anchorage, the first named steamer having changed her name and flag. 

The vessel Mdiieh I despatched to Key West with a messenger to inform the 
naval commander there of the Gladiator's arrival did not reach her destination, 
but returned here after a week's absence, the black skipper having doubtless 
been bribed by the merchants here to gain time. 

The Gladiator is still lying here near the Flambeau, and apparently idle; at 
least I do not think any arms have been taken out of her. 
I have the honor to be, sir, &c., &c., 

SAMUEL WHITING, Consul. 

Hon. William H. Seward, 

Secretary of State. 



Mr. Whiting to Mr. Seward. 



No. 1.] United States Consulate, 

At Nassau, N. P., January 2, 1862. 

Sir: I have the honor to inform you of the an-ival at this port, on the 26th 
ultimo, of the United States steamer Santiago, Ridgely, commander, and of 
her departure on a cruise the same day. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 141 

Also, of the departure on the 28th uhimo of the United States steamer 
Flambeau, Temple, commander. 

The Santiago struck heavily on the bar Avhile entering, her draught being 
fourteen feet. 

The colonial governor, Nesbitt, having informed me that "no United States 
war-vessel could be supplied with coal here," I have ordered all the coal fleet 
to Key West, Florida, except the British brig Cecile, whose master, Boggs, re- 
fused to go. I have Avritten to the Navy Department full details of the matter, 
and sent copies of the correspondence between the colonial secretary and my- 
self to the State Department. 

The rebel steamer Isabel, now British steamer Ella Warley, left this port on 
the 30tli ultimo, having taken on board part of the cargo of the British ship 
Eliza Bonsall, consisting of woollen clothes and provisions. I believe no arms 
were transhipped, or other munitions of war. 

The British steamer Gladiator is still here, no movement toward discharging 
having yet taken place. 



I have the honor to be, &c., &c., 

Hon. William H. Seward, 

Secretary of State. 



SAMUEL WHITING, Co7isul. 



Mr. Whiting to Mr. Seward. 

United States Consulate, 
At Nassau, N. P., January 19, 1862. 

Sir : 1 have the honor to inform you of the departure this morning of the 
United States gunboat Flambeau. Temple, commander, for Port Royal, South 
Cai'olina. 

While I am writing the rebel steamer Caroline, (now Kate,) LockAvood, mas- 
ter, which arrived yesterday from Charleston, is lying alongside of the ship 
Eliza Bonsall, taking on board the remainder of the cargo destined for the rebel 
States. 

The Isabel, or Ella Warley, took part of the same ship's cargo some weeks 

The Gladiator, steamer, is also transhipping her arms, I am told, at Cochrane's 
achorage, ten miles from Nassau. 
I have the honor, &c., 

SAMUEL WHITING, Consul. 
Hon. William H. Seward, 

Secretary of State. 



Mr. Whiting to Mr. Seicard. 

No. 7.] United States Consulate, 

At Nassau, N. P., January 20, 1862. 

Sir: I have the honor to inform you of the arrival at this port on the 14th 
instant of the United States gunboat Flambeau, Temple, commander, from Key 

West, Florida. All well. 

* ** m * * * # 

The British steamer Gladiator is lying ten miles from Nassau, at the Cochrane 
anchorage, where she has been for a week. She is far removed from my esjnon- 



142 IXSUKGENT PRIVATEERS IN FOREIGN PORTS. 

age, and miglit tranship her cargo with little risk of detection, though I am 

watching h(>r as closely as I can. 

* ** ** ## # 

On the 18th the fost steamer (rebel) Carolina came in, direct from Charleston, 
with the secession rag displayed at her peak. 

She has come for the remainder of the cargo of the ship Eliza Bonsall, and 
brings a full load of cotton to complete that vessel's lading for Europe. 

I ha\-e the honor, &c., 

SAMUEL WHITING, Cojisul. 
Hon. "William H. Seward, 

Secretary of State. 



Mr. Whiting to Mr. Setvard. 

No. 10.] United States Consulate, 

At Nassau, N. P., February 12, 1862. 

Sir : I have the honor to inform jon that within the past week there have 

been four arrivals of small schooners from Charleston, South Carolina, all laden 

with cotton, and this morning the rebel steamer Catawba arrived here, "direct 

from CharJeston,^^ fidly laden with rice and cotton, and flying the " secession 

rag" at her peak, to the mortification of the loyal Americans here, and to the 

intense gratification of the Conchs. 

* ## ** ## # 

I have the honor to inform you also that the Gladiator is still here ; two 
steamers from Charleston have taken most of her powder and ai'ms, and the 
Catawba will complete the rest. 
I have the honor, &c., 

SAMUEL WHITING, Consul. 
Hon. William H. Seward, 

Secretary of State. 



Mr. Whitins: to Mr. Seicard. 



United States Consulate, 
At Nassau, N. P., February 16, 1862. 

Sir: I have the honor and mortification to inform you of the ai'rival at this 
port, this forenoon, of the rebel steamer Carolina, now the Kate, direct from 
Charleston, with a full load of cotton. At all events, she is reported from 
Charleston, though I have my doubts as to the truth of the assertion. 

One thing, however, is certain, she has safely landed her large cargo of arms 

somewhere in Secessia, and is now back with a full return cargo. 

# #« »* ** # 

Later. — The Kate is most likely trom Fernandina, and must have left in a 
great hurry, as she brought no cargo, and she probably is after the remainder 
of the Gladiator's arms, Avhich vessel is still here. 
I have the honor to be, sir, &;c., &c., 

SAMUEL WHITING, Consul. 
Hon. William H. Seward, 

Secretary of State. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. Wells to Mr. Seward. 

No. 10.] United States Consulate, 

Ber?nuda, Novcmhcr 1, 1861. 

Sir : I have to inform you that the steamer Nashville ai-rived here on the 
30th ultimo. While she was on her Avay to the dock yard I called upon his 
excelloncy the governor, and informed him of the character of the vessel, and 
the ))robable cause of her coming here, and asked him to order that no supplies 
should be granted to her. The governor desired me to make my application in 
writing, which I did, and the copies of my letters and his reply are herewith 
enclosed. 

The Nashville left the dock yard yesterday afternoon, and is now lying in 
the port of St. George, and preparations are being made to supply her with five 
or six hundred tons of coal. With the ordinary facilities here, it will, I think 
take five days to put tliis quantity on board, and as Sunday intervenes, it will 
probably be six days at least before she can get to sea. It is possible that the 
laborers here, who are now discussing the character of this vessel, may refuse 
to work, and in this event her stay here may be prolonged for several days be- 
yond the time mentioned. 

From information on which I think I can rely, the Nashville left Charleston 
on the night of the 26th laltimo, and is bound to Liverpool. A newspaper, the 
Charleston Mercury of the 26th iiltimo, has been shown me, Avliich came from her. 
Messrs. Slidell and Mason were to have taken passage by her ; indeed they had 
gone on board, but fearing detention on the bar, were transferred to a smaller 
steamer, which, it is supposed, conveyed them to one of the southern islands. 

The Nashville appears to have no armament, only two small iron guns for- 
ward, and the commander stated at the custom-house that these were the only 
guns on board. 

I shall hand to the master of the vessel who forwards this, and sails to-day, 
a letter addressed to the commander of any United States ship-of-war which he 
may chance to meet with on his passage to New York, stating that the Nashville 
is hei-e, of the probable time she Avill be detained, and her supposed destination. 
The steamer from St. Thomas for Halifax is due here to-morrow, and I shall 
write the United States consul at Halifax, requesting him to telegraph to you 
the same information. 

No vessel belonging to our navy has been signalled here since the departure 
of the Connecticut on the 21st ultimo. 

All that it has been in my power to do to prevent the Nashville from obtain- 
ing a supply of coal here has been done. The person who has engaged to 
supply her has been deaf to my arguments and remonstrances, and I can only 
now fold my hands and hope and pray that one of our vessels-of-war may come 
here before her departure. 

I am, sir, very respectfully, your most obedient servant, 

Y. B. WELLS. 
Hon. Wm. H. Seward, 

Secretary of State. 

An officer from the Nashville has stated that he saAV the commander of the 
steamer "Bermuda" the day before they left Charleston, and that it Avas pro- 
posed to load the Bermuda with cotton, and despatch her for Liverpool. 



1-44 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

United States Consulate, 

Si. George, October 30, 1861. 

SiR : I have the honor to inform your exceUency that an armed steamer 
vessel, under the flag of the so-called Confederate States of America, arrived here 
this afternoon, and is now at anchor near her Majesty's naval yard. 

This vessel has, I learn, called here to obtain a supply of coal, and as she 
has been sent out for the purpose of committing depredations on the commerce 
of the United States, I respectfully solicit that your excellency will be pleased to 
order that no su})plies may be granted to her here. 

I have the honor to be, sir, your most obedient servant, 

F. B. WELLS. 
His Excellency Lieut. Col. Harry St. George Ord, 

Governor, &^r., Sfc., Sfc. 



United States Consulate, 

St. George, October 31, 1861. 

Sir : I have been informed this morning that the steam vessel, in reference 
o which I had the honor yesterday to address your excellency, is now on her 
way to this port, where arrangements have been made with John T. Fisher, 
esq., police magistrate of this town, to supply her Avitli coal. 
I have the honor to be, sir, your most obedient servant, 

F. B. WELLS. 
His Excellency Lieut. Col. Harry St. George Ord, 

Govcrrior, ^r., S^., &fc. 



Mount Langton, October 31, 1861. 

Sir : I have the honor to acknowledge the receipt of your communication of 
the 30th instant, informing me that an armed steam vessel bearing the flag of the 
so-called Confederate States of America has arrived here for the purpose of ob- 
taining a supply of coal, and requesting me to order that no supplies may be 
granted to her ; and, in reply, I beg to acquaint you that the officer commanding 
this vessel had made an application to be allowed to draw a supply of coals 
from the stores of her Majesty's dock yard, and has been informed that his 
request cannot be complied with. 

I have also the honor to acknowledge the receipt of your letter of this day's 
date, stating that the vessel referred to is noAv on her way to the port of St. 
George, where arrangements have been made with J. T. Fisher, esq., to supply 
her with coals. 

I have the honor to be, sir, your most obedient servant, 

H. ST. GEORGE ORD, 
. Governor and Commander-in-ChieJ'. 



Mr. Wells to Mr. Seivard. 



No. 11.] United States Consulate, 

Bermuda, November 3, 1861. 

Sir : By the brig I'eerless, of Bermuda, which sailed on the 1st instant for 
New York, I had the honor to address you, rej)orting the arrival here, on the 
30th ultimo, of the steamer Nashville, three and a half days from Charleston, 
bound to Liverpool. 



INSURGENT PRIVATI-^ERS IN FOREIGN PORTS. 145 

While the Na.shville was on her way to the dock yard, I caUcd upon the 
governor of the island and informed liini of the character of the vessel and her 
probable errand here, and requested him to order that no supplies should be 
granted to her. On the following day the vessel went into the port of St. 
George, where arrangements had been made with a merchant there to supply 
her with six or seven hundred tons of coal. Copies of the correspondence which 
had passed between the governor and myself relative to this vessel accompanied 
my letter. 

I mentioned, also, in my letter to you, that I slioidd give to the master of tin? 
Peerless a letter addressed to the commander of any United States ship-of-war 
that he might meet on his passage, stating the arrival here of the Nashville, the 
time of her probable detention, and supposed destination. Such a letter was 
handed to the master of tlie Peerless, and he promised to seek an opportunity 
to deliver it, and, as he has the will to serve me, possibly some good may result 
from it. 

Last night a man came to my house, who said that he had just escaped from 
the Nashville. He is a native of Switzerland, a marble-cutter by trade, has a 
wife and children in Charleston, and says the alternative Avas presented him to 
serve as a soldier or go on board this vessel, and begged me to befriend him. 
He states that the Nashville was trying for about thirty days to get to sea, and 
that he understood some passengers they were to have taken, becoming dis- 
heartened at the repeated failures to get out, took passage in a smaller steamer 
for one of the islands. This man states that they are much in want of fire-arms 
and sailors on the Nashville, and that the crew have been worked so hard that 
most of them are determined to make their escape here. 

They are working night and day to coal the vessel, but if many of the crew 
should escape it will be almost impossible to recover them or supply their places, 
so that I cannot but hope she Avill be detained fully as long as the time I men- 
tioned in my last, the 6th instant. 

Captain Hunter, of the steamer Delta, which arrived this morning from St. 
Thomas, and leaves immediately for Halifax, informs me that a schooner from 
Savannah, with a cargo of rice, arrived at St. Thomas on Sunday last, October 
26, and that it was generally believed in St. Thomas that Messrs. Slidell and 
Mason were passengers by her, and left in the steamer for Southampton on the 
30th ultimo. 

I have the honor to be, sir, your most obedient servant, 

F. B. WELLS. 

Hon. William H. Seward, 

Hccretury of Stale. 



Mr. Wells to Mr. Sctcard. 



No. 13.] United States Coxsi^late, 

Bermuda, Novemhcr 8, 1861. 

Sir : I had the honor to address you on the 1st instant relative to the steamer 
Nashville, Avhich vessel left here at noon on the 5th instant. 

I also forwarded to you a letter which I had received from the governor of 
the island concerning the Nashville. From that letter it might be inferred that 
the authorities here tVdt no disposition to extend assistance to that vessel. But 
it was well known to the governor and the superintendent of the dock yard that 
there was an ample supply of coal kept here by merchants ; and the commander 

H. Ex. Doc. 104 10 



146 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

of the Nashville, when he made his application " to be allowed to draw a supply 
of coal from the stores of her Majesty's dock yard, and was informed that his re- 
quest could not be complied with," was doubtless made aware of the fact that 
other sources of supply A\ere open to him, and when such was the case that it 
was not the rule to grant stores from the dock yard. 

But what would haA-e been done, had there been no coal in the market, was 
soon made apparent. The Nashville commenced coaling Friday moi-ning, and 
that day a telegraph Avas sent to the dock yard that the supply was probably 
insufficient, and a request was made for two hundred tons from the yard. That 
night a gunboat went from the yard to St. George, and the lieutenant in charge 
was seen to go on board the Nashville, and in a short time he returned to the 
yard. At this time the ])ark Oraville, of Rockland, ]\[aine, was discharging 
coal in the yard, and on Friday evening the master of the Oraville was notified 
that the Nashville was coming there next morning to take two hundred tons of 
coal, and he was directed to remove his ship from the wharf and give place to 
the steamer as soon as she Avas seen on her Avay up. But the supply at St. 
George Avas found to be sufficient, and the steamer did not return to the yard. 

When the collector of customs claimed the light dues for the Nashville her 
commander objected to its payment, and on referring the matter to the gOA-ernor 
the collector Avas instructed to relinquish the claim, and " to extend the same 
courtesies to the Nashville that Avere due to any other vessel-of-Avar." 

I passed across the Avharf the morning the NasliA-ille commenced coaling. A 
large number of coal baskets Avere ranged there, filled, marked B. 0., (Board of 
Ordnance ;) and A\hile I Avas observing them a man in the employ of the military 
storekeeper Avho had furnished the baskets came along, and A\ith a pot of black 
paint effaced the letters. The military storekeeper Avould probably not haA'e 
felt it incumbent on him to keep up appearances by disrating or piittiug his 
baskets oiit of office if he had l)een informed of the gOA-ernor's instructions re- 
specting the coal. 

Unusual courtesies Avere extended by the officers of the garrison to the officers 
of the NasliAille, and all the circumstances attending the Aisit of that A^essel here 
shoAv that she Avas almost universally regarded Avith friendly feelings. 

The Naslnille took about fiA-e himdred tons of coal. Her commander pur- 
chased another lot, about four hundred tons, all there is noAv for sale, and directed 
it to be furnished to any other " Confederate " A-essel that might come here. 
When the Fingal came in (the arrival of that A'essel and apparently intended 
A'oyage Avas communicated to you on the 3d instant) he permitted her to be 
supplied from that stock. 

The officers of the Nashville and the passengers of the Fingal Avere almost 
constantly together, and the mate of the Fingal and scA-ei'al of her passengers 
have been recognized here as formerly residents of SaA-annah. A large quantity 
of crushed sugar, coffee, flannel, and blankets, Avas purchased for the Fingal, and 
she left here yesterday afternoon, reporting to be bound to Jamaica, via Nassau, 
N. P. She is an iron A'essel, hails from GlasgOAv, is a propeller, rigged as a 
topsail schooner, is about fiAe hundred tons burden, and drcAv eknen feet nine 
inches Avhen she Avent to sea. 

The NasliA-ille brought here tAvo Charleston pilots. One of these men was 
transferred to the Fingal and left here in that vessel. 

I am, sir, A'ery respectfully, your most obedient scrA-ant, 

F. B. WELLS. 
Hon. William H. Seavard, 

Sccrefari/ of State. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 147 



Mr. F. W. Seu-ard to Mr. Wells. 

Department of State, 

Washingfoft, Deceftiber IS, 1861. 

Sir : Your No. 1.3 has been received, and a copy immediately transmitted to 
the Secretary of the Navy for his information. 

You Avill please accept the acknowledgments of the department for the infor- 
mation Avhich you have communicated. 

I am, sir, your obedient servant, 



F. B. Wells, Esq., 

Lhiifcd States Consul, Benmida. 



F. W. SEWARD, 

Assistant Secretary. 



Mr. Allen to Mr. Scicard. 



No. 6.] Consulate of the United States of America, 

Bermuda, February 20, 1862. 

Sir : I beg to inform you that the rebel steamer Nashville arrived at these 
islands this p. m., reported seventeen days from Southampton, England, short 
of coal. I shall do all I can to prevent her getting coal. 

I am informed her armament is the same as when here last fall, but the vessel 
has changed some in appearance, having had her masts shortened, and some 
alterations about her head. She has but little cargo, if any. I herewith enclose 
paper No. 1, copy of a communication received this day from Governor Ord, in 
relation to the formation of a coal depot here. I have received four cargoes of 
coal, amounting to about 1,150 tons, shipped by the United States Navy De- 
partment from Philadelphia, but have received no instructions as to its dispo- 
sition. I have a very good place to store it, at an annual rent of 8100 per year. 
With much respect, I am, sir, your obedient servant, 

C. M. ALLEN, Co7isul. 

The Secretary of State, 

Was/iinifioti, D. C. 



Mount Langton, 
Benmida, February 19, 1862. 
Sir : It having been intimated to me that vessels laden Avith coals and con- 
signed to you have recently arrived in the port of St. George's for the purpose 
of fomiing there a coal depot for the use of the war steamers of the United 
States navy, it is my duty to acquaint you that the government of her Britannic 
Majesty has detci-mined not to allow the formation in any British colony of a 
coal depot for the use of their vessels-of-war, either by the government of the 
United States or of the so-styled Confederate States. 

I have the honor to be, sir, your most obedient, humble servant, 

H. ST. GEORGE ORD, 
Governor and Communder-in- Chief. 
C. M. Allen, Esq., 

United States Consul, Sfc., S^x., ^r. 



148 INSURGENT rRlVATEERS IN FOREIGN PORTS. 



Mr. AUen to Mr. Seicard. 

Xo. 7.] Consulate of the United States of America, 

Bermuda, Fchruarij 22, 1862. 

Sir : I have the honor to inform you the steamer Nashville is still here, aud 
is ohtaiuing a supply of coals from the British ship MohaAvk. Thoy report 
having seen no vessel on the passage hither from England. I understand it is 
their intention to go from here immediately home. 

I am, sir, with much respect, your obedient servant, 

C. M. ALLEN, Consul. 
The Secretary (jf State, 

Wa^ltinifton, D. C. 



j\Ir. Alien to Mr. Seward. 



No. 8.] Consulate of the United States of America, 

Bermuda, Fehruary 25, 1862. 

Sir : I beg to inform you that the steamer Nashville left here yesterday, after 
taking on board 150 tons of coal, and all of the crew and master of the schooner 
Pearl, recently arrived here from Newbern, North Carolina. She left these 
islands under escort of her Majesty's steamer Spiteful, and, from all the 
information I can gather, I think she Avill go direct to Charleston or vicinity. 

I am relialdy informed that a large portion of her crew were confined below 
deck while in port here. 

I am, sir, your obedient servant, 

C. M. ALLEN, Consul. 
The Secretary of State, 

Washington, D. C. 



Mr. Troichridgc to Mr. Seward. 

No. 2.] Consulate of the United States of America, 

Barbadoes, Xovcmhcr 19, 1861. 

Sir : I have the honor to co})y, for the information of the government, an ex- 
tract of a letter received by a merchant of this place, as follows : 

"St. Lucia, November 15, 1861. 

"The slooj) Darkie arrived here last evening from Martinique, and reports 
that the southern privateer Sumter came to that island to coal. She was 
allowed to do so by the French government after some deliberation. She landed 
a crew belonging to a northern vessel which she had taken and destroyed. 
The Darkie brought the crew here, but up to the time of my writing I have 
been unable to learn the name of the vessel to which the crew belonged." 

I also beg leave to enclose h(;rein a Mercantile Intelligencer of this island, of 
the ISth instant, by -which a British vessel reports being boarded by a privateer, 
and from the description given to me by the captain of the Falcon 1 make no 
doubt but said vessel was the pirate Stunter. It is known positiNely that she 
has been cruising in these waters between Surinam, Cura(,'oa, and other West 
India islands. In the event of the Sumter coming to this port, I am of the opinion 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 149 

that the governiuc'ut would place no obistaclcs in the way of her coaling here, or 
procuring other necessary supplies. Of course I should strongly protest to the 
government against her being allowed to remain, or obtain any supplies of any 
kind. 

There is a good supjjly of coal here, and United States vessels-of-war can be 
supplied at reasonable rates, say $10 to $12 per ton. It is very much to be de- 
sired that a sufficient number of sliips-of-\\ ar should be despatched this way iu 
order to find and captiu-e the rebel pirate .Sumter. Only one American mer- 
chant vessel now in port. She leaves for l*liiladelphia to-day, 
I have the honor to be, sir. your obedient servant, 

EDWARD TROWBRIDGE, 

United States Consul. 
The Secretary of State, Washington. 



Mr. F. W. Scicard to Mr. Trowbridge. 

Department of State, 

WasJiington, December 17, 1861. 

Sir : Your despatch No. 2, with its enclosure, relating to the Sumter, has been 
received, and a copy immediately transmitted to the Secretary of the Navy for 
his information. 

I am, sir, your obedient servant, 

F. W. SEWARD, 

Assistant Secretary. 
Edward Trowbridge, Esq., 

United States Consul, Barbadoes. 



Mr. Troicbridge to Mr. Seward. 
[Extract ] 

No. 14.] Consulate of the United States of America, 

Barbadoes, November 26, 1861. 

I learn verbally that the pirate Sumter was in the harbor of St. Pierre, 
Martinique, on the 22d instant, and the United States steamer Iroquois Avas 
one league off the harbor, waiting for her to come out. 

I have the honor to be, sir, your obedient servant, 

EDWARD TROWBRIDGE, 

United States Consul. 
The Secretary of State, Washington. 



150 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. F. W. Seward to Mr. Troivbridgc. 

Department of State, 

Washington, January 9, 1862. 
Sir : Your despatch No. 14 has been received, and an extract tlierefrom 
t»ent to the Secretary of the Navy. 

I am, ?ir, your obedient servant, 

F. W. SEWARD, 

Assistant Secretary. 
E. Trowbridge, Esq., 

United States Consul, Barhadoes. 



Mr. Hogg to Mr. Seward. 



No. 1.] Consulate of the United States, 

Port of SjJain, Trinidad, Xovember 21, 1861. 

Sir : I transmit to you a statement made personally to me at the consulate, 
by Captain Wilson, of the English brigantine Falcon, which arrived at this port' 
November 9, from Halifax, via Barbadoes, the substance of which may be found 
entered iipon his log-book. 

He reports having been boarded on the 4th instant, eighty miles to the north- 
east of Barbadoes, by an officer from on board a screw steamer, bark-rigged, 
who examined his papers. The officer stated that it was four months since he 
had been in an American port, and he would like to get some papers, but he 
would prefer English papers. He seemed quite reluctant in giving the name 
of his vessel, but after awhile said it Avas the Montgomery. Captain Wilson, 
however, thinks it was the privateer Sumter. He describes the steamer as 
painted black, but very rusty, having a hurricane deck fore and aft, with her 
guns on the second deck. She appeared to have a large number of men on 
board. The officer was fully armed. The men in the boat were provided with 
pistols and cutlasses. The officer spoke of having boarded the American schooner 
D. Trowbi'idge, bound to Demarara, and inquired if the Falcon had met with any 
American vessels on her passage. He Avas anxious to learn if the northern 
troops had engaged in any more battles, and what Avere the rumors in circulation 
about the supposed wreck of the Sumter. When the steamer left the Falcon 
she sailed first to the eastAvard for a couple of miles, then changed her course, 
tacking frequently. 

I remain, sir, respectfully, yours, &c., 

GEORGE HOGG, 
United States Consul. 

Hon. Wai. H. Seward, 

Secretary of State. 



Mr. Britton to Mr. Seward. 



United States Consulate, 

Southampton, November 22, 1861. 

Sir : I take the first opportunity to inform you of the arrival in Southampton 
docks of the rebel steamship NasliA^ille, having on board the officers and crcAV of 
the late Ncav York ship HarA^ey Birch, Avhich ship the rebels first plundered and 
afterwards totally destroyed by fire. They brought the crew here in ii-ons, but 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 151 

on arrival turned them on shore. I forwarded full particulars to his excellency 
Charles F. Adams, United States minister in London. It remains to be seen 
what course her Britannic ]\rajesty's government will take und(>r the circum- 
stances. I may further add that the rebel steamer requires considerable repairs. 
I have the honor to remain, sir, your very obedient servant, 

JOHN BRITTON, 

United States Consul. 
Hon. Wm. H. Skward, 

Secretary of State, Washington, D. C. 



Mr. Morse to Mr. Seicard. 



No. 38.] Consulate of the United States op America, 

Liondon, Kovemher 23, 1861. 

Sir : The leading event of the current week has been the appearance of the 
corsair Nashville, from Charleston, in European waters, and her wanton and 
malicious destruction of an American ship by burning, about seventy-five miles 
west of Cape Clear, off the southern coast of Ireland, and her bold entrance into 
a British port for coal and repairs the day following the committal of the bar- 
barous act. It has, as a matter of course, created much comment and no little 
excitement here. 

So far as I can learn and judge, the public voice here is very strong and out- 
spoken in condemning and denouncing the act as malicious and piratical. It has 
taken the English people by surprise, and is doing much to enlighten them as 

to the character of the enemy with whom we are dealing. 

****** 

By the advice of Ur. Deane and Sir Hugh Cairns, an officer was sent to South- 
ampton to-day to demand of the pirate captain the chronometer and the barometer 
of the burnt ship Harvey Birch, which he took and refused to return to Captain 
Nelson. This, Ave hope, will force the commander of the NasliAalle to show 
whether his vessel is a pirate or a licensed buccaneer, and also bring before the 
government here some other interesting questions. 



I have the honor to be, &c., &:c., 

Hon. Wm. H. Seward, 

Secretary of State. 



F. H. MORSE, Consul. 



Mr. Morse to Mr. Seicard. 



No. 39.J Consulate of the United States of America, 

London, November 30, 1861. 

Sir : I herewith enclose copies of certain papers, in continuation of further 
proceedings in the case of the corsair Nashville. 

The first paper is the opinion of Dr. Deane and Sir Hugh Cairns, esteemed 
equal to any authorities in London on the questions involved. You will per- 
ceive by the report of Messrs. Oliverson, Lavie & Peachey that so far we have 
entirely failed to obtain any redress through the courts here, or to compel the 
captain of the Nashville to show under what authority he is acting. The pro- 
duction of Captain Pegram's commission as lieutenant in the rebel service seems 
to be taken as sufficient authority for his acts, while I have contended that his 



152 IXSURGEXT PRIVATEERS IN FOREIGN PORTS. 

cornTni>;?inn is porsonal to himf^elf, and Avitliout boinji; dotailcd cr^pccially to the 
Nashville ar; a f-o-called Coufbderatc r^hip ; and t^lu' being put in connnission, and 
her commander instructed to perform this particular service, she is not in public 
service, and not here by even the authority of the insurgents. 

If she is not a public ship of the character claimed for her, and does not come 
commissioned as a privateer, it follows, of course, that she must be a piratical 
craft. 

Having good reason to believe that she did not leave Charleston either as a 
privateer or public vessel, my leading object has been to force a production of 
the authority under Avhich she sails, either through government intervention or 
by an action at law in some form. The government tiu-ns us over to the courts ; 
the magistrates decline to interfere ; and good and, so far as I can judge, faith- 
ful counsel tell nu; they do not see their way clear to get the question before 
any court, and fear we have no remedy in this country. 

I had an interview with counsel to-day, and urged them to carefully revicAv 
the ground and see whether there Avas not power enough in England, either ex- 
eciitive, judicial, or military, to determine whether the Nashville is a piratical 
craft or a recognized ship of some established or belligerent power, saying that 
we cliarged her with being neither a privateer nor an amied ship-of-war coming 
from any poAver, recognized or belligerent, but a pirate. 

The subject is still under advisement, though I have but little hope that a 
thing which appears so very simple and of such great importance will termi- 
nate favorably for us. 

The Nashville is lying quietly at Southampton, undergoing no repairs, except 
such as her crew are makino-, and taking in no carg-o. * * * 

I have the honor, &c., 

F. H. MORSE, Consul. 

Hon. Wm. H. Seward, 

S crelanj of State. 



CASE FOR THE ADVICE OF SIR H. CAIRNS AND DK. DEANE. 

Sir Hugh Cairns and Dr. Deane will be so good as to consider the statement 
relating to the destruction of the American vessel the Harvey Birch by the 
Nashville, as it appears in the Times newspaper of this date, (November 22, 
1861,) and the coj)y of the affidavit of Captain Nelson, herewith, and also the 
explanations of Captain Nelson in conference, and to advise Captain Nelson as 
to his legal rights against the Nashville and her commander, and generally as to 
the course which, under the circumstances, you would advise the captain to 
pursue. 

Opinion of Sir H. Cairns and Dr. Deanc. 

It appears from the affidavit of Captain Nelson that the Harvey Birch was 
taken possession of and burnt on the high seas, outside the limit of British 
"waters, and that the armed ship Nashville carried the flag of the Confederate 
Stat<>s. 

From the statement in the newspaper above refern>d to, the connnander of the 
Nashville seems to have held a commission under the Confederate States and in 
the navy of those States. 

The British government has considered the Federal and Confederate States 
entitled to be treated as belligerents, each possessed of the rights of war, one of 
which rights is the capture and destruction of vessels belonging to the enemy by 
the commissioned vessels of the belligerents. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 153 

If, therefore, the NasliviHe av;v8 a comiiii.^^ioned ^est-el hehm^'inn:; to tlic Con- 
federate States, -Nve are of opinion that Cnptain Nelson lias no legal rights in this 
countr}' against the Nashville or her commander. 

The only cours(> we can at present suggest is that Captain Nelson should 
apply for a search-warrant for the chronometer and barometer taken from the 
Harvey Birch ; and if the offic<>r Avho goes on board the Nashville is satisfied 
by theproduction of the ship's pa])ers and the commander's connnission that the 
Nashville is commissioned, he must withdraw, and no remedy remains here to 
which Captain Nelson can resort. 

H. M. CAIRNS. 

J. PARKER DEANE. 

Lincolm's I.\i\, November 2-'3, 1861. 



Frederick Place, E. C, November 26, 1861. 

Dear Sir : We beg to report to you the steps which have been taken on 
behalf of Captain Nelson, of the late American vessel the Harvey Birch, 
with the view of obtaining some redress for the destruction of his vessel by 
Captain Pegram, of the Nashville, now at Southampton. 

Immediately the case was brought under our notice we had a consultation 
with those eminent counsel Sir Hugh Caims and Dr. Deane, and the result of 
their advice is embodied in the written opinion which they have since given, the 
original of which we beg to enclose. 

In pursuance of their advice, we attended with Captain Nelson before the 
lord mayor of London and applied for a search-warrant directed to Captain 
Pegram, Avho has still on board his vessel the barometer and other articles 
belonging to the owners of the Harvey Birch, together with the papers of that 
vessel, the primary object of this application being to compel the captain of the 
Nashville to produce the authority under which he is acting, so that it might be 
clearly seen whether or not the Nashville is a commissioned vessel belonging to 
the Confederate States ; for, if that question be answered in the affirmative, it is 
considered that, as our government treats the Federal and Confederate States as 
alike entitled to be considered as belligerents, Captain Nelson would have no 
legal rights in this country against the Nashville or her commander. 

The lord mayor of London, as we apprehended, considered that he had no 
jurisdiction, the Nashville being at Southampton, and the act having been com- 
mitted altogether beyond his jurisdiction. He, however, acted with great kind- 
ness, and handed Captain Nelson a private note of introduction to the mayor of 
Southampton. 

We then proceeded to Southampton with Captain Nelson and a discreet and 
experienced officer of the police force of this city, but in consequence of the 
absence of the mayor of Southampton and other magistrates the application could 
not be made until yesterday. 

Yesterday the application was formally made to the magistrates of Southamp- 
ton, but they felt the case to be one of so much delicacy that they declined to 
interfere without the sanction of the secretary of state. 

This result being at once communicated to us by telegraph, avc immediately 
addressed a letter to Earl Russell, soliciting his assistance. 

Not having received any answer to this application, we this morning attended 
at the foreign office and had an interview with his lordship's secretary, who in- 
formed us that our application had been submitted to the law officers of the 
crown, and that immediately their advice was known we should receive an 
answer. 

"We think it very doubtful, indeed, that the government will interfere. We 



154 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

i^lioukl suggest that a careful Avatcli sliould be kept upon the Nashville and her 
proceedings, so that if any attempt be made to deal with her, so as in any 
manner to infringe our foreign enlistment act, the law may be immediately 
brought to bear upon the offenders. 

In our opinion, the government will not interfere in any way to assist the 
vessels of either the federalists or the ( 'onfederate States, but Avill leave them 
to be dealt Avith according to the ordinary rules of neutrality ; and in case these 
should in any instance be overstepped, the offenders will be left to be dealt with 
according to the laAvs of England. 

We are, dear sir, yours faithfully, 

OLIVERSOX, LAVIE & PEACHEY. 
F. H. MoRjiE, Esq., t^Y-., ^r., &c., 

American Consul. 



Frederick Place, E. C, Novemher 27, 1861. 
Dear Sir: AVe beg to hand you a copy of our letter to Earl Russell, to 
which we have, at the present moment, no answer. 

We do not consider that the circumstances mentioned to us by 3Ir. Stringer, 
in reference to the Nashville, will aft'ord any means of obtaining redress in this 
country. The Avhole depends upon the question whether she is or not a vessel 
commissioned by the Confederate States. If she be, the captain and owners of 
the Harvey Birch are, we fear, without redress. 
We are, dear sir, yours faithfully, 

OLIVERSON, LAVIE & PEACHEY. 
Consul Morse, t^r., dc, S^c. 



Frederick Place, 
Old Jewry, E. C, November 25, 1861. 

Mv Lord : We have the honor to apply to you on behalf of Captain Nelson, 
late commander of the Amei'ican vessel Harvey Bii-ch, and on behalf of her 
owners, on the subject of their claim against the captain of the Nashville, the 
American vessel now in the Southampton docks, who recently destroyed the 
Harvey Birch under circumstances which will be known to your lordship. 

The Nashville has now on board her certain property belonging to the owners 
of the destroyed vessel, and, acting under counsel's advice, an application has 
been this morning made to the magistrates at Southampton to issue a summons 
or warrant for service upon Captain Pegram, of the Nashville, calling upon 
him, by production of the authority under which he acts, or otherwise, to show 
cause why he should not deliver up to Captain Nelson the property belonging 
to the owners, Avhich he withholds. 

The magistrates at Southampton are desirous of having the authority of your 
lordship before they issue the summons or warrant applied for, and Ave beg, 
therefore, to request your lordship to be pleased at once to giA'e the necessary 
directions for the purpose. 

We have the honor to be, my lord, your lordship's very obedient serA-ants, 

OLIVERSON, LAVIE & PEACHEY. 

Right Honorable Earl Russell, 4^., S^v., ^r. 



INSURGENT PRIVATEEES IN FOREIGN PORTS. 155 



Foreign Office, Xovemher 27, 1S61. 
Gentlemen : I am directed by Earl Russell to acknowledge the receipt of 
your letter of the 25th instant, in which, as attorneys for Captain Nelson, the 
connnander of the American vessel Harvey Birch, you request that his lordship 
will authorize the magistrates at Southampton to issue a warrant or summons 
for service upon Captain Pegram, commanding the ship-of-war Nashville under 
the flag of the so-styled Confederate States, calling upon him, hy production of 
the authority under Mliich he acts, to show cause why he should not deliver up 
to Captain Nelson the ]u-operty belonging to his owners, which is alleged to be 
detained on board the Nashville. 

Lord Russell directs me to inform you, in reply, that he has no jurisdiction or 
power to give authority to the magistrates either to issue any summons or war- 
rant, or to do or abstain from doing anything in relation to the matter in ques- 
tion, and that his lordship must accordingly decline to interfere therein. 
I am, gentlemen, your most obedient, humble servant, 

A. H. LAYARD. 
Messrs. Oliverson, Lavie & Peachev, 

8 Frederick Place, Old Jeicry. 



Mr. Morse to Mr. Seward. 



No. 44.] Consulate of the United States of America, 

London, Decemhcr 7, 1861. 

Sir : As I anticipated, our efforts to make the Nashville show the authority 
under which she sails and destroys American ships have proved fruitless. Our 
legal advisers informed me last evening that nothing more could be done here. 

It has not yet been ascertained whether she is a privateer, a Confederate ship 
put in commission by the insurgents, or a pirate. 

"We charge her Avith being a pirate, even judged by the laws of this realm, 
and the charge has not been disproved, unless the officer's commission in the 
"Confederate" navy commissions everything he goes on board of * * # 
I have the honor to be, &:c., 

F. H. MORSE, Consul. 

Hon. Wm. H. Seavard, Secretary of State. 



Mr. Morse to Mr. Setvard. 



No. 46.] Consulate of the United States, 

Londoti, Dcccmher 20, 1861. 

Sir : I herewith forward the affidavit of Frederick AYilliams, who was one of 
the cooks of the Confederate steamer Nashville. He is an unusually intelligent 
and well-behaved seaman, and seems very much gratified to get clear of the craft. 
You will notice what he says about the interview between Captain Pegram 
and the governor of Bermuda, in Avhich the captain denied that the Nashville 
was either a privateer or a Confederate ship. # # * » 

I have the honor to be, &c., 

F. H. MORSE, Consul. 
Hon. Wm. H. Seward, Secretary of State. 



156 TXSURGEXT PKIVATEERS IX FOKEIGX PORTS. 



Afjidarit. 

I, Fredoi-ick "Williams^, of J3ostou, in the State of Massaclni.sett.<, United States 
of America, sliip's cook and steward, do fjoleninly swear tliat I sailed from the 
port of New York in the montli of Nov(>mber, 1860, in the ship ]\rackinaAv, of 
Chark^ston, South Carohna, Captain William Hammer, bound to Liverpool ; 
arrived at Liverpool about 24th of December, and remained there until the 
latter end of February or the commencement of ]\Iarcli, -when I again sailed in 
the ship for Charleston ^vith a cargo of coal, and arrived at Charleston about the 
8th or 9th of April, a few days before Fort Sumter was bombarded. I Avas 
then discharged, and remained in Charleston until the 25th day of September, 
on which day I shipped at Black's shipping office as second cook of the steamer 
Nashville, of Charleston, for a A'oyage to England, and one, two, or three other 
foreign ports, and back to Charleston, and on the same day I went on board 
the vessel, which was then lying alongside the New York steamboat dock, 
where she usually lay. Captain Murray, her usual captain, still had charge of 
her ; nearly all the crew were then on board, being at Avork cleaning the vessel 
and putting her in order, as she had been laid up five or six months. About a 
Aveek or ten days after I joined fourteen or fifteen naval officers came on board 
Avith their luggage. I Avas told they Avere going as passengers to England to 
take command (M-lien tlii^y arrived) of A'essels-of-war that Avei-e fitting out in 
England for the Covfederate States. After this time I (haA'ing just got my 
clothes on board) Avas not allowed to communicate Avith the shore, nor Avere any 
of the crcAv permitted to do so. I asked Captain Murray to let me go ashore. 
He replied that he had nothing more to say on board the vessel now than I 
had, and told me to go to one of the naA-al officers. BetAveen their coming on 
board and the A-essel sailing about three Aveeks elapsed, and in this time tAvo 
rifled cannon Avere brought on board and placed forward. Messrs. Slidell and 
Mason, and their ftimilies and baggage, came on board, and I undei-stood that 
they Avere going as passengers ; but they afterwards left the A-essel. During all 
this time a small steamer Avent out of the harbor daily to determine the exact 
position of the United States blockading squadron, and this information Avas 
communicated to the ofticers. One night, in the latter end of October, steam 
Avas got up, and the Nashville steamed out of port, gi-eat precautions being used 
to aA'oid the blockading Aessels. Thre(! and a half days afterAvards Ave arriA-ed 
at Bermuda, and came to anchor, the vessel flying the Confederate States flag 
and a pennant at the main. The governor of Bermuda came on board the ship, 
and saAv Captain Pcgram and his officers ; and I heard Captain Pegi'am tell 
the governor, as they Avalked along the deck Avith the first lieutenant, " You 
must understand, goA'ernor, that this is not a navy A-essel ; if she Avcre Ave 
.should have arms and regulations accordingly ; she is strictly a merchant A-es- 
sel." The gOA-ernor had prcA-iously intimated that if she Avei'e not strictly a 
merchantman she Avould not be permitted to coal. The ship Avas in Avant of 
coal, as she had come out of Charleston light to enable her to get more readily 
over the bar. Upon this guarantee of Cajjtain Pegram that she Avas a merchant 
ship, the NasliA-ille Avas alloAved to coal, and about four or five hundred tons 
Avere taken on board. Not being permitted to go ashore, I Avrotc a letter of 
complaint to the American consul, and sent it ashore by a laborer. I received 
no reply, but on the folloAving day the first lieutenant appeared to haA-(> heard 
of it, and called \\w. He said to me : " You scoundrel, you liaA-e been comhiu- 
iiicating with the enemy ; you liaA'c forfeited your life, and you Avill be hanged 
at the yard-arm." I Avas then put in irons, and placed in the hold amongst the 
coal, and I remaineil in irons three da}s. Wlien I Avas liberated Ave Avere out 
of sight of land. I Avas then sent forAvard until aboiit the loth of NoA-ember, 
Avhen I Avas again sent to the' galley. On the morning of the 19th of NoA-ember 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 157 

we fell in with an Ainorieau ship, wliich Avas found to be tlic Ilarvv Bircli, of 
New York, Nelson master, from Havrt; to New York, in ballast. The 2:ang- 
ways in way of guns were removeil, muskets were served out, and the officers 
buckled on their swords, and the iiag of the so-called Confederate States was 
set ; the Nashville then ran alongside tlu; Harvey Birch, ordered her to heave 
to, ordered the ca})taiu on board, and ultimately took the whole crew out of her, 
and, after the s(>cond lieutenant's boat left, I saw that the ship was .on fire. The 
crew of the Harvey Birch, excepting the officers, were put in irons, and kept in 
h-ons until they arrived in Southampton, where they were liberated and allowed 
to go ashore ; but I Avas not permitted to leave the vessel, and, finding that I 
had been deceived, I deserted from her. In Charleston, after the officers came 
on board, the purser prodiiced new shipping articles, which the crew were com- 
pelled to sign, as they knew they Avould be in danger if they did not. The 
baggage of Slidell and Mason was taken out of the Nashville directly before 
the steamer I'heodore left Charleston, which vessel left twelve or fourteen davs 
before the Nashville; and it was known in Charleston, before the Nashville 
sailed, that the Theodore had arrived safely at Havana with Slidell and 3Iason 
on board. 

FREDERICK AYILLIAMS. 

Sworn before me in the consulate of the United States, at London, this 19th 
day of December, 1861. 

[l. s.] F. H. morse, Consul. 



Mr. Spragiie to 2Ir. Seicard. 



No. 1.] Consulate of the United States, 

Gibraltar, January 6, 1862. 

Sir : The following private telegram, dated Cadiz, yesterday morning, (9.40,) 
was last evening received by a commercial house in this city : 

"Cruza por estas aguas un vapor Americano del sur;" and I immediately 
telegraphed our minister at London, requesting him to transmit this informatioii 
to your excellency without delay. I have also telegraphed our legations at 
Paris and Madrid, giving the same information to our consulates at Malaga, 
Barcelona, Marseilles, and Tangier, pointing out at the same time to our consul 
for Morocco the importance of showing great vigilance to prevent the Morocco 
soil from being made use of to facilitate any piratical acts on the part of southern 
privateers. 

If the substance /)£ the telegram from Cadiz should prove correct, I fear 
some of our merchant vessels may yet fall a prey to the rebel cruiser, and I 
cannot too strongly stat "the importance that these waters should be favored 
with the presence of an armed federal cruiser for the protection of our commerce 
now so seriously threatened by a single rebel vessel. 

I have the honor to be, sir, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 

The Hon. Secretary of State, 

Oft/tc United States of America, c^r., S^v., SfX-. 



158 INSURGENT PRIVATEERS IN FOREIGN PORTS 



Mr. F. W. Seicard to Mr. Sprague. 

DeparTiMent of State, 

Washington, Fehruary 1, 1862. 

Sir : Your No. 1 has been received, and referred to the Secretary of the Navy. 
You will accept the acknowledgments of the department for the information 
which you have communicated. 

I am, sir, vour obedient servant, 

F. W. SEWARD, 

Assistant Secretary. 
H. J. Sprague, Esq., 

United States Consul, Gibraltar. 



Mr. Spragite to Mr. Seivard. 

No. 3.] Consulate of the United States of America, 

Gibraltar, January 25, 1862. 

Sir : Ere this reaches your department your excellency will have been infomied, 
through our legations at Loudon and Madrid, of the appearance in this port, 
since the night of the 18th instant, of the steamer Sumter, and of her exploits 
at a short distance from this rock. 

From the moment of her arrival within the juinsdiction of this consulate I 
lost no time in placing myself in communication with the authorities at this port 
and its vicinity, as well as with our minister at London, on the subject of this 
unwelcome A'isitor, and I noAV have the honor of waiting upon your excellency 
with copies* of all the correspondence that has so far transpired on account of 
this rebel cruiser. 

Up to this hour (9 p. m.) the Sumter remains quiet in port ; has not yet coaled, 
and the general impression seems to be that she will not be ready for sea for 
some days to come ; still, I shall not feel easy for the safety of our merchant 
vessels out of gunshot distance of this fortress iintil federal armed cruisers 
make their apjiearauce in these waters. 

I am, sir, with high consideration and respect, vour obedient servant, 

HORATIO J. SPRAGUE, 

Ignited States Consul. 

The Hon. Secretary of State 

Of the United States of America, »^r., hfX., ^r. 



Mr. F. W. Seward to Mr. Sjmigue. 

Department of State, 

Washington, Fehruary IS, 1862. 
Sir: Your despatch No. 3, enclosing your correspondence in regard to the 
arrival at Gibraltar of the rebel steamer Sumter, lias l)eeu received. 

The department takes pleasure in conuncnding the prudence, discretion, and 
good judgment which have marked your proceedings throughout. You will 

<^See despatch No, 108 from Mr. Adams for enclosures referred to here. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 159 

accept the thanks of the fhjp.artment i'or the great care you have taken for the 
protection of American interests, and to prevent the further capture of vessels 
of the United States by the steamer of tlie insurgents. 

It is expected that armed vessels of the United States will soon be in the 
Mediterranean, and the capture of the steamer may then be soon expected to 
take place. 

It gives the department pleasure to enclose a slip cut from one of the news- 
papers, by which you will perceive that your good conduct has been duly 
appreciated. 

• I am, sir, your obedient servant, 

F. W. SEWARD, 

Assisfant Hccretari/. 
Horatio J. Sprague, Esq., 

United States Consul, Gibraltar. 



Mr. Sjyrague to Mr. Seward. 

No. 5.] COXSULATE OF THE UmTED StATES, 

Gibraltar, February 7, 1S62. 

Sir: I have the honor to enclose copy of a communication which I had 
occasion yesterday to address to our minister at London. It will inform your 
excellency of the latest movements of the steamer Sumter. Up to this hour 
{9 a. m.) she remains in port, and has not yet received a pound of coal. 

The seamen who refused returning on board the Sumter yesterday are still 
on shore. 

I am, sir, respectfully, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 
The Hon. Secretary of State 

Of the United States of America, Washington. 



Consulate of the United States, 

Gibraltar, February 6, 1862. 

Sir : I annex copy of two telegrams which I had the honor to forward to 
you since my last communication of the 25th ultimo. 

The Sumter remains in port. She took in yesterday 3,000 gallons of water, 
paid for by a Mr. R. 0. Joyce, of this city, who had previously provided her 
with an anchor and chain. To-day her commander made a second attempt to 
obtain coal from the coal merchants in this market, and I am informed they have 
declined supplying him, out of deference to myself. 

On the 1st instant the P. and 0. steamer Mooltan, from Southampton, 
brought several packages of clothing for the crew of the Sumter, addressed 
to Captain Semmes, and I hear a further supply is expected by the next South- 
ampton packet due on the 9tli instant. The packages per Mooltan were 
forwarded by a Mr. S. S. Sampson, of Southampton, I believe, a forwarding 
agent. 

Since yesterday there are some ten or twelve seamen of the Sumter on 
shore, and to-day they have nearly all refused to return to th{?ir ship. One of 
them, in a drunken state, called upon me this day for protection. As the officers 
of the Sumter have attempted to forcibly ship them off from the quay, I to- 



160 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

day calliHl upon the governor of tlii.s fortress to inform liiin of the circumstance ; 
that I waHi ready to take luider my charge any of thcsic seamen wlio might wish 
to avail of my protection, and avIio woukl swear aUegiance to the government of 
the United States; and that I did not believe that it would be in conformity 
Avith strict neutrality to forc(! these men on board of the Sumter. 

Since my interview with the governor I hear that orders have been given to 
the police authorities not to permit these men to be forcibly taken on board of 
the "Sumter" by her officers, and up to this hour (7 p. m.) they remain on shore, 
mostly in a state of intoxication. 

All these circumstances may probably retard the departure of the Sumter 
from this port ; still I sincerely ho})e that a federal cruiser may soon ap})ear to 
do away Avith any further trouble about this craft. I have every reason to be- 
lieve that her boilers arc defective, and that she is very badly provided with 
l)Owder and other munitions of war. 
I have the honor to be, &c., 

HORATIO J. S PRAGUE, 

United States Consul. 
His Excellency the Ewov Extraordinary and Minister 

Plenipotentiary nft//e United States of America, .^r., ^., London. 



Mr. Sprague to Mr. Seicard. 

No. G.] Consulate of the United States, 

Gibraltar, Fvhruanj 18, 1862. 

Sir : On the 13th instant I informed the Navy Department of the safe arrival 
at this port, on the previous day, of the United States steamer Tuscarora. 
This vessel-of-war is now anchored oft' Algeciras, wliei-e she is coaling, while 
the steamer Sumter remains at this port and has not yet coaled. 

For the information of your excellency, I have the honor of transmitting, 
herewith, copies of fiu-ther correspondence that has come to pass with this con- 
sulate since I addressed you on the 7th instant, relating to the Sumter and 
some of her crew, to Avhich I beg, respectfully, to crave your reference. 

Remaining, sir, Avitli high consideration and respect, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 



Consulate of the United States, 

Gibraltar, February 12, 1862. 

Sir : I this day telegraphed to your excellency the safe arrival at this port 
of the United States steamer Tuscarora. Ca])tain Craven informed me that 
he saw nothing of the steamer Naslnille during his voyage across the Bay 
of Biscay. 

H(? finds here the steamer Sumter still at anchor, notwithstanding that 
Earl Russell's official despatch to the lord commissioners of the admiralty respect- 
ing the rules laid down about United States ships-of-war and southern cruisers was 
published last evening in the government newspaper. Captain Craven intends 
to cross over to the port of Algeciras, probably to-morrow evening, and will, if 
possible, replenish his stock of coal there. The jjrivate coal companies in this 
market still refusing to sell the Sumter any coal, Captain Sennnes has a})plied 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 161 

to the British authorities for a supply ; tliey have refused, but I hear have tcle- 
gi'aphed to tlie home governmeut the particulars, and ask for instructions. 

Enclosed you will find copy of notes that have just been interchanged be- 
tween the government here and myself upon certain seamen of the Sumter 
who are on shore and refuse to return to her ; and as some of these men have 
expressed a desire to ship by the Tuscarora, I anticipate further trouble, 
particularly as I cannot help observing a kind of unfriendly feeling on the part 
of British officials towards our government in anything relating to our differ- 
ences Avith the southern States, and which I can hardly account for. 
I have the honor to be, &c., &c., 

HORATIO J. SPRAGUE, 

United States Consul. 
His Excellency the Envoy Extraordinary, &fc., &fc., 

of the United States, London. 



Gibraltar, February 7, 1862. 

Sir : The accompanying two seamen have just called at this consulate, claim- 
ing the protection of the United States government, and stating that they do not 
wish to return on board of the Sumter, to which vessel they belonged. They 
will i-elate their own tales to you, and I beg respectfully to solicit for these men 
all the privileges which a neutral port can afford them. 
I am, sir, yoiir obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 
The Police Magistrate, Sfc., Sfc., Gibraltar. 



Secretary's Office, 
Gibraltar, Februarij 10, 1862. 
Sir: I am directed by the governor to inform you that his excellency has 
received a letter of complaint from Captain Semmes, with regard to your con- 
duct as United States consul, viz : that you have, by means of your emissaries, 
tampered with and seduced from their allegiance several of the crew of the 
Sumter, who have visited the shore on liberty. Captain Semmes particularly 
refers to Everett Salmon, John Jenkins, and Thomas Penny, three seamen of 
the Sumter, and he further states that you have persuaded some of his men 
to take refuge under your consular flag. Captain Semmes adds that the evi- 
dence has come to him in a very satisfactory shape, and. that he will be ready 
to produce it if the allegation is denied. The governor requests you will give 
me information on these points. 

I have the honor to be, sir, your obedient servant, 

S. EREELING, Colonial Secretary. 
H. J. Sprague, Esq., 

United States Consul. 



Gibraltar, February 11, 1862. 

Sir: I have the honor to acknoAvledge the i-eceipt of your communication of 

yesterday's date, having regard to a letter from Captain Semmes, of the steamer 

Sumter, to his excellency the governor, complaining, as you inform me, of 

my conduct as United States consul, and stating that I have, by means of emis- 

H. Ex. Doc. 104 11 



162 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

saries, tampered with and seduced from their allegiance several of the crew of 
the Sumter who have visited the shore on liberty; and further, that I have 
persuaded some of the men of the Sumter to take refuge under the flag of 
this consulate. 

In reply, I beg to lay before you the following statement of facts, having 
particular reference to the three seamen whose names are mentioned in your 
letter. 

On or before the 7th instant a seaman belonging to the Sumter, by name 
John Jenkins, presented himself at this consulate in an intoxicated state. He 
inquired for the American consul, and as I was present, he claimed my protec- 
tion as an American citizen, stating to me that he and many others were being 
forced to return on board the Sumter; that he preferred to die rather than 
return on board; that he was a Cape Cod man, and wished to go back to his 
native place. I replied by telling him to go away and get sober, and that I 
would speak to kim later. Upon this he left the consulate, and I innnediately 
honored myself by calling upon the governor, accompanied, as you Avill doubt- 
less recollect, by yourself. I then informed his excellency of what had been 
stated to me by Jenkins, and which I have above detailed, and his excellency 
the o-overnor thereupon promised that the seamen of the Sumter should not be 
ill-treated or forced on board against their will. That he would not permit the 
neutrality of this port to be violated, and that he would issue his orders accord- 
ingly. 

On the 7th instant two other seamen from the Sumter presented themselves 
at this consulate, one of them, I think, named Thomas Penney, and hiiding me 
there, also claimed my protection, stating that they belonged to the city of New 
York. I instantly sent for a policeman, and requested him to take these seamen 
before a police magistrate, with a note from me, (of which I beg to enclose a 
copy,) with which request the policeman complied. I am not aware of what 
took place before the magistrate with respect to these seamen. In about two 
hours a policeman came to this consulate, and in the name of the police magis- 
trate brought to me another seaman belonging to the Sumter, called Everett 
Salmon, who had his fece frightfully bruised, and Avho likewise claimed my 
protection as an American, and desired to be sent to his home. I immediately 
sent this man away, advising him to have his injuries attended to and to conduct 
himself steadily and quietly. 

Since the above occurrence I have had daily applications at this consulate 
from seamen of the Sumter claiming protection, and in all cases desiring to be 
sent to their homes, and in every instance I have sent them to the police office, 
there to prefer their complaints, if any, or to relate their cases ; and I have at 
the same time informed them that, this being a neutral port, I could not become 
security for their residence here, or at the present moment take steps for send- 
ing them to America. 

Beyond what is above stated, and always recommending to them, on the oc- 
casions referred to of their visits to this consulate, peaceable conduct in the 
town, I have n(;ver had, or, indeed, desired to have, any communication, directly 
or indirectly, with the crew of the Sumter, their coming to me and absence from 
their vessel being purely voluntary, and wholly, to the best of my knowledge, 
unconnected with persuasion of any kind. 

I trust that the above statement will alone relieve me from any suspicion that 
his excellency the governor might entertain as to the possibility of my acting 
or desiring to act in the manner pointed out by Captain Semmes. But if this 
should not be the case, I would respectfully solicit from his excellency that he 
will do me the justice to cause each of the seamen in question to be examined, 
and thus satisfy himself that, as the representative at this port of the United 



INSURGENT PRIVATEERS IN FOREIGN TORTS. 163 

States of America, T have actcfl, in a |»osition which is not flcvoid of difficulty, 
as honorably and judiciously as the circumstances of the case would warrant. 
I have the honor to be, sir, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 
Captain S. Freeling, R. A., 

Colonial Secretary, Gibraltar. 



Gibraltar, February 18, 1862. 

Sir: I had the honor of addressing you on the 12tli instant. The Sumter 
still remains in port. The coal companies hi this market still persist in refusing 
to sell her coal, notwithstanding that $12 per ton is offered for it, which is 50 
jjcr centum over the market price. 

After to-day the rules laid down by Earl Russell, with regard to American 
belligerents in British waters, will be in force for the Sumter, and I am curious 
to know how the authorities here will act on the occasion. Reports say a supply 
of coal is momentarily expected for this steamer from abroad. Anything further 
on the subject shall be duly forwarded to your excellency by telegraph for 
transmission to the State Department at Washington. 

The United States steamer Tuscarora has been at anchor off Algeciras 
since the 14th instant, and she is coaling there. She may return to this port 
to-morrow for the purpose of obtaining provisions. 

Since my last communication I have had a conference with the British 
governor with regard to the several seamen of the Sumter, who are still on 
shore and refuse to retiirn to her, and who have asked my protection. 

I found the governor particularly non-committal in all his conversation upon 
these seamen; he gave no encouragement for me to take them under the pro- 
tection of this consulate, cautioning me at the same time to be exceedingly 
particular how I moved in the matter; in fact, he recommended me to have 
nothing to do with them. 

I hear $16 per head are offered to sea-faring men by the officers of the 
Sumter, to entice these men to return to their ship; but up to this moment 
none have been induced to take the bait ; indeed, I was yesterday informed that 
one of these men had found his way on board the Tuscarora, off Algeciras. 

So long as they remain within the reach of this consulate they shall not 
starA^e; it would, however, be desirable if the British government would permit 
my sending these men to their homes, where they have their wives and children 
in a state of want ; particularly as it has been their voluntary act to leave the 
Sumter, with a desire to pass an honest life among those most dear to them. 
I have the honor to be, sir, your obedient servant, 

HORATIO J. SPRAGUE. 

His Excellency the Envoy Extraordinary, dc, ^v., 

of the United States of America, London. 



Mr. Sprague to Mr. Seward. 

No. 8. J Gibraltar, Marck U, 1862. 

Sir : For the purpose of keeping your excellency posted, up to the last hour, 
with everything relating to the movements of our naval forces in this immediate 
neighborhood, as Avell as the continuation of the Sumter at this port, I have 



164 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

the honor to enclose herewith copies of my h\st commimications to Mr. Adams, 
our minister at London, to which I beg your reference. 

Remaining, sir, with high consideration and respect, your obedient servant, 

HORATIO J. SPRAGUE, 

United States Consul. 



[Extract.] 

March 12, 1862. 

Sir: Since I had the honor of addressing you on tlie 27th ultimo, I trans- 
mitted to your excellency a telegram, under date of the 6th instant, as annexed, 
for the purpose of keeping our government at Washington posted up with pass- 
ing events here up to the last hour. 

The United States steamers Kearsarge and Tuscarora remain off Algeciras ; 
the ship Ino is at Cadiz, while the Sumter continues in this port in an 
apparent state of inactivity, which is not surprising, surrounded as she is now 
by our vessels-of-war, with Earl Russell's rules in force, and late important 
successes on our part in the field of battle. At the same time, I am of opinion 
that the Sumter's boilers are in a very defective condition, added to which 
some nineteen men of her crew have already left her at this port, most of whom 
have found their way on board the Tuscarora, at Algeciras; and it is very 
probable that if more men were allowed to come on shore on liberty that they 
never woiild go back to their ship. Her commander, Semmes, shows great tact 
in her present position, and keeps his own counsel, so as to puzzle me and many 
others to know what are his intentions. 

I have the honor to be, &c , 

HORATIO J. SPRAGUE, 

United S'ates Consul. 
His Excellency Charles F. Adams, Sfc., Sfc, Sfc., London. 



[Extract.] 

March 14, 1862. 

The Sumter remains in port, while the Kearsarge, Tuscarora, and Ino are 
off Algeciras. This latter vessel arrived there last evening from Cadiz and 
Tangier. 

I have the honor to be, &c., 

HORATIO J. SPRAGUE, 

United States Consul. 
His Excellency the Minister of the United States, London. 



Mr. Sprague to Mr. Seivard. 

[Extract ] 



No. 9.J Consulate of the United States of America, 

Gihraltar, March 21, 1862. 
Sir : I have to inform you that the stringent order issued some time ago by 
the governor of this fortress, prohibitmg the boats of our vessels-of-war from 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 165 

crossing over to this port from Algeciras, has been rescinded. On the 19th 
instant the governor and the senior naval officer addressed a comnuinication to 

that effect to Commander Pickering, of the United States steamer Kearsarge. 

******** 

I have the honor to be, &c., 

HORATIO J. SPRAGUE, 

United States Consul. 
Hon. Secretary of State, S^v., Sjv., ^r., Washingtmi. 



Mr. Brown to Mr. Seward. 



American Consulate, 
BatJiurst, River Gambia, January 25, 1862. 

Sir: Captain Munroe, of the brig Suwannee, of New York, arrived here 
last night from Cadiz, reports that the steamer Sumter was at that port for 
repairs. She amved there on the 3d of this mouth, and landed 43 persons, 
being the officers and crews of three American vessels she had taken and burnt. 
Captain Munroe is unable to give the names of the vessels reported to be 
destroyed, as he did not note them — they were, he says : 

A ship from Bath, State of Maine ; a whaler from New Bedford ; and a 
schooner. 

I have the honor to be, sir, your most obedient servant, 

THOMAS BROWN, 

Acting American Consul. 
Hon. "William H. Seward, 

Secretary of State, Washington, D. C. 



166 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



SPAIN. 



3Ir. Shvfeldt to Mr. Setcard. 

No. 46.] Co.vsiLATE General of the United States of America, 

Havana, July 10, 1861. 

Sir : I have the honor to call your attention to the followmg important"OCCiir- 
renee : 

On the morning of the 7th instant I received a telegram from Charles D. Fow- 
ler, esq.. United States consular agent, dated Oienfuegos, July 6, at 10.5 p. m., 
advising me that the armed steamer Sumter (rebel) had captured seven ves- 
sels, and just entered that port with the prizes; and by the mail of yesterday, 
(9th,) I received two letters from Mr. Fowler, dated 6th and 7th. These letters 
detail the names, places of capture, &:c., of the vessels above alluded to. The 
Sumter is commanded by Rafael Semmes, late of the United States navy. The 
letters also state the detention of the prizes and the liberation of their crews by 
the authorities of Cienfuegos, including the officers and men of the ship Golden 
Rocket, of Bangor, burnt off the Isle of Pines by order of the commander of 
the Sumter; and, further, the departure of this vessel, (having coaled and 
watered,) to parts unknown, though rumors here, not reliable, say she was bound 
for St. Thomas. 

Immediately upon receipt of the telegram I addressed a letter to the captain 
general, with the view of ascertaining the course which this government intended 
to pursue in a matter of such vital importance. On the Sth I received his excel- 
lency's reply. In this communication it will be observed that the government 
of Cuba, in the absence of specific instructions from the supreme government at 
Madrid, has determined to assume provisionally the same neutral jiosition, in 
reference to the pending difficulties in the United States, as that lately pro- 
claimed by the govei-nment of Great Britain. But, with a view to more immedi- 
ate action than could be had by reference to Madrid, his excellency expresses the 
determination to refer the whole subject, by this mail, to her Catholic Majesty's 
minister in Washington, and to be governed by his decison. And as the depart- 
ment, by this despatch, will be in possession of all the fsicts, I submit the matter 
to your superior judgment. In the meantime, however, I have had a personal 
interview with his excellency the captain general, first, for the piirpose of ascer- 
taining what action would be taken in regard to the vessels now in possession of 
the authorities of Cienfuegos, and I am assured that the condition of these ves- 
sels will be subject to prompt investigation, and if it is found that they M'ere 
taken within the limits of Spanish jurisdiction, as T believe most of them were, 
they Avill be immediately liberated and suftered to pursue their several voyages; 
if not, they must await the further action of the Spanish government, depend- 
ing, I imagine, to a great extent, upon the course of the Spanish minister in 
Washington. 

Again, my object in a personal interview Avitli the captain general was to urge 
upon him the absolute necessity of prohibiting the steamer Siunter, and vesselg 
of like character, with an unrecognized flag, from obtaining supplies of coal, &c., 
in any of the ports of this island. I presented to his excellency the fact that 
the cargoes of these prizes were, in all probability, Spanish property, and as, 
according to his own decree, the property must folloAv the fate of the flag under 



INSURGENT PEIVATEERS IN FOREIGN PORTS. 167 

Avliicli it wa.s captiired, it -vvoiilcl not be long, if these corsairs of the south were 
allowed to coal in the ports of Cuba, before a commerce of as much importance 
to the subjects of Spain as to the citizens of the United States would be utterly- 
destroyed. On this point he asked me to comnnuiicate with him in writing, 
which I have accordingly done, and, whilst writing this, am awaiting his answer, 
I have made known all the facts to the "commanding ofHcer of any American 
man-of-war at Key West," and beg leave to again impress upon the government 
the importance of having efficient men-of-war on the coasts of this island, as the 
presence of the Sumter, unmolested, in these waters has had a ruinous eflPect upon 
American shipping here. 

******** 

I have the honor to be, sir, with great respect, your obedient servant, 

R. W. SHUFELDT, 

dmsul General. 
Hon. William H. Seward, 

Secretary of State of the United States, Washington. 



Consulate General of the United States of America, 

Havana, July 7, 1861. 

Sir : I have the honor to advise your excellency that I received, this morn- 
ing, a telegraphic despatch, dated last night at 10 o'clock, from our consular 
agent at Cienfucgos, informing me that an armed steamer called Sumter, of the 
so-styled southern confederacy, had just entered that port with seven prizes. 

I beg leave to draw y^our excellency's attention to the fact, and respectfully 
request to be advised what action has been or Avill be taken by your govern- 
ment in the premises. 

With great respect and esteem I remain your excellency's obedient servant, 

E. W. SHUFELDT, 

Consul General. 
His Excellency the Governor, 

Cajitain General of Cuba, 6fc., Sfc, Sfc. 

I ask the favor of an immediate answer to this communication. 

July 7. — On this date also received a telegraphic despatch to the same 
effect from Mr. Kooken, United States consul at Trinidad, to whom the informa- 
tion had been transmitted by the consular agent at Cienfuegos. 



Consulate General of the United States of America, 

Havana, July 7, 1861. 
Sir : I have just received from Charles D. Fowler, esq.. United States con- 
sular agent at Cienfuegos, (south side of this island,) a telegraphic despatch 
dated last night at 10.5, in the following words : 

'* The war steamer Sumter (southern) has captured seven vessels, and just 
come into this port with all of them." 

I am, sir, respectfully, your obedient servant, 

R. W. SHUFELDT, 

Consul General. 

The Commander of any United States war vessel, Key West. 

XoTE. — The above communication was forAvarded per American smack 
Julia Latham, Cimiano master, Avhich sailed for Key West early in the 
morning of the Sth of July. The government schooner Nonpareil had sailed 
about three hours before the telegraphic despatch from Cienfuegos was received. 
The Julia Latham could not get ready to sail on Sunday. 



168 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



[Translation.] 

Office of the Governor, Captain General, and Superintendent by 
Delegation of the Treasury of the Ever-faithful Island of Cuba. — 
Government Bureau of Policy. 

Havana, July 8, 1861. 

Upon receiving advices from the authorities of Cienfucgos that the steamer 
Sumter, belonging to the Confederate States of the south, had entered that 
port carrying seven prizes of vessels of the United States, and in the absence of 
instructions from my government respecting the conduct I am to observe in 
cases of this nature, I have determined, after obtaining the opinion of competent 
persons, that hereafter there be not admitted in the ports of this island any ves- 
sel, whether of war or privateer, either reporting herself as belonging to the 
south or to the north, which brings prizes, unless in the case of being driven in 
by stress of weather and claiming the right of asylum. 

In regard to the case, already mentioned, of the steamer Sumter, I have 
resolved that the captured vessels shall continue detained in the port of Cicn- 
fuegos, subject to the resolution of her Majesty's government, in the iniderstand- 
ing that, if it is proved that they were captured in the jurisdictional waters of 
Cuba, to the Spanish tribunals will belong to decide upon the validity of the 
capture. And in respect to the cargoes, even though they may be Spanish 
property, they will folloAv the fate of the flag that covers them, in accordance 
with the doctrine generally admitted. 

On announcing to you, in answer to your courteous letter of yesterday, these 
determinations, I must state to you that not having, as I have already indicated 
to you above, instructions from my government, my measures are only of a tem- 
porary character, and that I have endeavored to conform, in them, to the princi- 
ples of the most impartial neutrality between the contending parties, leaving in 
this manner freedom of action to the government of the Queen, who Avill decide 
as they may deem proper. 

As the Spanish government has accredited near the United States a diplo- 
matic agent of high rank, who may possibly have received instructions that I 
do not possess, I make known to you that by the first steamer leaving for Ncav 
York I will address the representative of her Majesty, advising him of all the 
circumstances that have occurred at Cienfuegos, and in any case will abide by 
the instructions that he may communicate to me. 

In conclusion, I announce to you that, according to despatches I have just 
received from the authorities of Cienfuegos, the steamer Sumter sailed from 
that port on the afternoon of yesterday, the captured vessels, whose crews were 
at liberty, remaining at the disposal of said authorities. 

God preserve you many years. 

FRANCISCO SERRANO. 

The Consul General 

of the United States, in this City. 

;N'ote. — The foregoing was received at the consulate at about 2 p. m. of the 
8th July. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 169 



United States Consular Agency, 

Cienfuegos, July 6, 1861. 

[Received at Havana, morning of the 9th July.] 

Sir : I sent you to-day the following telegram : 

[Translation.] 

"The war steamer Sumter (southern) has captured seven vessels, and just 
come into this port with all of them." I now confirm this statement. 

The steamer Sumter seized five vessels Avhich had left this port, and were at 
the time of the seizure but a short distance from the shore, and sent them in 
with prize crews on board, following close after them with two more vessels in 
tow, said to have sailed fix)m Trinidad. The merchant vessels came up to the 
town and the steamer anchored inside the fort at the entrance of the harbor. 

On learning the above, I immediately called upon the governor to ascertain 
his intentions, and was infonned that orders had been given to the commander 
of the fort not to allow the merchant vessel to be removed from this harbor, and 
to enable the commander to enforce this command, two companies of troops 
would proceed this evening to said fortress. The steamer will be allowed to go 
out, and this, I think, she will do to-night, or to-morrow at latest. 

I beg to call both your attention and that of our naval commanders to this 
vessel. She mounts eight guns and has a crew of 200 men. The business 
prospects of our merchant vessels will be utterly destroyed if prompt measures 
are not taken to drive the Sumter from off this coast. 
I am, sir, your obedient servant, 

CHARLES D. FOWLER, 

United States Consular Agent. 

R. W. Shufeldt, Esq., 

United States Consul General at Havana. 



Consular Agency of the United States of America, 

Cienfuegos, July 7, 1861. 

[Received at Havana, morning of July 9th.] 

Sir : Since writing you yesterday the late master of the ship Golden Rocket 
has presented himself, and reports the seizure and burning of his vessel off the 
Isle of Pines, done by order of the commander of the Sumter. 

Said master makes the following statement of the crew and armament of the 
steamer : 

70 seamen. 

20 marines. 

12 officers. 

Firemen, &c., numbers unknown. 

4 cannons — 32-pounders. 

1 cannon — 68-pounder, pivot. 

The following are the names of the captured vessels : 
From Cienfuegos — 

Barks West Wind and Louisa Kilham, bound for Europe. 

Brigs Ben Dunning, Albert Adams, and Naiad, bound for New York. 
From Trinidad — 

Brigs Cuba and Machias. 

From Havana, bound to this port, ship Golden Rocket, burnt at sea, crew of 



170 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

wliicli vessel is now under my protection, the commander of tlie steamer having 
Landed them. 

The crews of the captured vessels were released by order of the governor 
upon my applying- to him for them. The vessels are in the governor's charge, 
and will be detained by him until the captain general's decision in the matter is 
made known. 

The Sumter has taken in large supplies of coal and water, and will proceed 
to sea this evening. 

I am, sir, your obedient servant, 

CHARLES D. FOWLER, 

United States Consular Agent. 
R. W. Shufeldt, Esq., 

United States Consul General at Havana. 

I expect Mr. Kooken, consul at Trinidad, to arrive here day after to-morrow. 

Received, also, morning of 9th July, a telegraphic despatch from Horatio 
Fox, esq., of Trinidad, dated 8th July, at 9.15 o'clock. 

" I have just received the following from Cienfuegos : ' The Sumter sailed 
last niffht.'" 



United States Consulate General, 

Havana, July 9, 1861. 

Sir : I have the honor to acknowledge the receipt of your letter of yesterday 
in reference to the vessels captured by the steamer Sumter, and taken into 
the port of Cienfuegos. 

I am satisfied with the intention therein expressed by your excellency to refer 
this matter to her Catholic Majesty's minister in Washington. But, in the 
meanwhile, as this steamer may repeat her depredations in the neighboring 
Avaters of this island, destroying property of a vast amomit, in Avhich the sub- 
jects of her Catholic Majesty may be as much interested as the citizens of the 
United States, I am anxious to know from your excellency whether this steamer, 
or any other vessel bearing an unrecognized flag, is to be permitted to enter the 
ports of the island for the purpose of procuring supplies of provisions, coal, and 
Avater. I am informed by the United States consular agent at Cienfuegos that 
the Sumter received a large amount of coal during her sta}' in that port. Should 
this be repeated, it is evident that her cruise may be continued until the com- 
merce of the island, so much of which is carried under the American flag, will 
be seriously injured, if not entirely destroyed. I must, therefore, beg to draw 
your excellency's most earnest attention to this point, Avith the hope that you 
Avill not regard it as inconsistent with the position your goA-ernment has pro- 
visionally assumed, to issue such orders to the subordinate authorities of the 
island as Avill prevent the Sumter, or any other Aessel of the same description, 
from procuring supplies of coal, &c. 

I am, sir, with great respect, your excellency's most obedient serwant, 

R. AV. SHUFELDT, 

Consul General. 

His Excellency the Governor, 

Ca2>tain General of the Island of Cuba, S^-c, ^r., <^r. 



INSURGENT PEIVATEERS IN FOREIGN PORTS. 171 



Consulate General of the United States of America, 

Havana, July 9, 1861. 

Sir : Your letters of the 6th and 7tli iuetant have been received. As I wrote 
you yesterday, the whole subject in reference to the prizes will be referred to 
her Catholic Majesty's minister in Washington. But in the meanwhih; I have, 
in a personal interview with the captain general, been informed by him that all 
the captures made in Spanish waters will be released with their cargoes imme- 
diately after investigation. Such as have not been taken within the limits of 
Spanish jurisdiction must remain subject to the decision of the Spanish gov- 
ernment. 

I regard it as a matter of the highest importance that the Sumter should not 
be permitted to coal or water in your port, or any other, if possible, on the island, 
and I have brought this matter urgently to the notice of the captain general. 
He says that orders have been issued that she should not enter any port, unless 
in distress. As to her obtaining supplies, as she seems to have done at Cien- 
fuegos, this must depend, I imagine, in a great degree upon the local authorities 
and their construction of the orders they may receive from here. In a desire to 
preserve neutrality, the captain general may be unwilling to give direct orders 
to the above effect, but I am satisfied from my interview with him that such 
action of the local authorities would be agreeable to him, as it ought to be ; for 
the continued depredations of that vessel will be as destructive to Spanish as to 
American interests. You will therefore oblige me by using your influence with 
the governor to prevent her getting supplies of any description in future. I have 
sent a special despatch to Key West, and am strongly in hopes that a cruiser 
will soon be in your waters to put an effectual stop to further robberies on the 
high seas. 

Should Mr, Kooken be in your city, do me the favor to show him this letter. 
I am, sir, ti'uly, &c., 

R. W. SHUFELDT, 

Consul Gcfieral. 

Charles D. Fowler, Esq., 

Ufiited States Consular Agent, Cienfuegos. 

9th. — Wrote another letter to the " commanding officer of any United States 
man-of-war at Key West," communicating all the infonnatiou and facts obtained 
since my letter to him of the 7th instant. 



Mr. Shvfeldt to Mr. Seward. 

United States Consulate General, 

Havana, July 17, 1861. 

Sir : I have the honor to forward the enclosed documents connected with the 
capture of American vessels by the steamer Sumter. 

The document mai'ked (l)'is a copy of the letter received from the captain 
general in reply to mine of the 9th instant, in reference to the obtaining of sup- 
plies by vessels Avith unrecognized flags in the harbors of Cuba. I have infor- 
mation of the most positive character from our consular agent in Cienfuegos that 
the Sumter coaled and watered in that port, notwithstanding the assurance of 
his excellency that she only laid a few hours abreast of the fort with her steam 
up. It will be observed, however, that this matter has also been refen-ed to the 
Spanifoh minister in Washington, and I submit to your consideration the impor- 



172 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

tance of securing a positive prohibition against such vessels receiving supplies of 
any nature with the consent of the government of this island ; because if, even 
under a deci'ee of neutrality Avhich it may be assumed the Spanish government 
will issue, privateers are not allowed to enter these ports, yet, as in the case of 
the Sumter, they may anchor off the harbor and receive all the supplies they 
require. 

It seems, from the best information I can obtain from Mr, Kooken, our consul 
at Trinidad, who has been here in connexion with this matter, that the com- 
mander of the Sumter took these prizes purposely into Cienfuegos, in order to 
deliver up their cargoes to Spanish authority, being Spanish property, as the 
invoices were certified to that effect by the English consul at Cienfuegos. And 
in a letter to the governor of that city, the commander of the Sumter, after rely- 
ing upon the authorities of Cuba for hospitality on account of the "similarity of 
institutions" with the government he represented, stated that he delivered these 
cargoes up to him in order to avoid an infraction of the rights of neutrals, and 
only asked a receipt for the vessels, subject to the future action of the captain 
general; and I am led to believe that it Avas this information, subsequently 
received by his excellency the captain general, which induced him to modify 
the assertion in his letter of the 8th instant, that "the cargo must follow the fate 
of the flag," by stating in this subsequent communication, "provided that the 
flag be neutral," which he says is not the case under consideration, thus granting 
to the flag of the so-called Confederate States all the rights of a belligerent, in 
anticipation of the action of the Spanish minister at Washington. And it may 
be that, on account of this fact, and the commander of the Sumter demanding 
only the vessels themselves, the government of Cuba will manifest more willing- 
ness to deliver them up to the captor, unless it can be proven that they were 
actually taken within the limits of Spanish jurisdiction, in which event, of course, 
this government will be subject to its treaty with the United States, and the 
vessels must be liberated. 

Further, it will be observed from the protests of the masters of the captured 
vessels (2) that most of them were taken immediately off the port of Cienfuegos, 
within 3^ miles of the land, and it is scarcely probable that Spain, always 
jealous of her rights, Avill not consider this an infringement, particularly as the 
line of keys which skirt the island extends far beyond this distance. 

I therefore expect that these vessels will be delivered to their lawful owners, 
rather on account of this violation of jurisdiction than from any desire on the 
part of the government to manifest a particular friendship for the United States 
in the present emergency. I am constrained to believe that the merchants and 
planters of Cuba are in sympathy with the south. They dread the shock to the 
institution of slavery, which must be felt here sooner or later, and this sympathy 
re-acts upon the government, more particularly upon its subordinate officers, from 
whom we can expect to receive but little more aid than we have the right and 
the means to demand. 

In a letter from our consular agent at Cienfuegos of the 14th instant, I am 
urged by the masters of these vessels, whose crews are suffering from the de- 
tention, to secure for them a speedy liberation. I only await instructions from 
the department to do everything in my power to advance their interests. 

I have a letter from Captain McKeon, of the Niagara, dated Key West, 
July 9, in which he says that in consequence of my communication he would 
start for Cienfuegos, in company with the Crusader, on that same evening. 
Both of these vessels have left Key West. 

Also a letter from the shipmasters at Cienfuegos, asking for convoy to Cape 
San Antonio. These gentlemen I have referred to the commander of the Niagara 
on her arrival in that port. 

In document (3) accompanying this despatch will be found the statement of 
Captain William Bailey, of the ship Golden Rocket, burnt by the Sumter, giving 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 173 

a description of the armament of that vessel, her officers, number of crew, and 
her probable destination. A copy of it was also sent the commanding naval 
officer at Key "West. 

I also send, for your information, an extract from the extended protest (4) of 
Captain Bailey. 

I have been informed that the brig Cuba, one of the Sumter's prizes, while 
in charge of a prize crew of fom* men and a midshipman, under orders to enter 
the port of Cienfuegos, escaped ; probably recaptured by her own crew, and now 
on her way to her original destination. 

I am, with great respect, your obedient servant, 

R. W. SHUFELDT, 



Hon. William H. Seward, 

Secretary of State of the United States. 



Consul General. 



[Translation.] 

Office of the Governor, Captain General, and Superintendent by 
Delegation of the Ever-faithful Island of Cuba. — Government 
Bureau of Policy. 

Havana, July 9, 1861. 

I have just received your polite communication of this date, in which, by reason 
of the recent captures of several North American vessels, made by the steamer 
Sumter, and carried into the port of Cienfuegos, you are pleased to inquire if 
said steamer, or any other vessel under an unrecognized flag, will be allowed to 
enter the ports of this island for the purpose of procuring provisions, coal, and 
water. It is therefore my province to state to you that this will be another of 
the questions that I submit to her Majesty's government, and to her minister 
plenipotentiary in Washington, availing myself of the steamship Columbia, 
which is to sail to-morrow bound to New York. 

I have no official information respecting the facts you announce to me, of the 
said steamer Sumter having taken in a supply of coal during her stay at 
Cienfuegos. From the only advices I possess, it ajjpears that the Sumter, during 
the hours that she remained in said port, kept herself abreast the Jagua fort 
with steam up. Moreover, you know, because I communicated it to you in my 
letter of yesterday in reference to these particulars, that until instructions reach 
me from my government I have determined to refuse access to the ports of this 
island to every vessel that may attempt to carry prizes into them. At the same 
time I purpose to take measures conducive to affording protection to the lawful 
commerce of this island, whichever may be the flag under which it is carried on. 

I avail myself of this opportunity to rectify an error of meaning which was 
incurred on drawing the communication that I addressed to you yesterday. It 
was expressed therein that the captured cargoes should follow the fate of the 
flag covering them. Said principle is to be understood in the case that the flag 
be neutral, and is not applicable to the prizes made by the Sumter. Spanish 
property, in its neutral character, is not subject to seizure, unless it be contraband 
of war, whatsoever may be the vessel conveying it. Such are the principles 
solemnly accepted by the government of the United States, and such are also 
professed by that of her Catholic Majesty. 

God preserve you many years. 

FRANCISCO SERRANO. 

The Consul General of the United States, in this City. 



174 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Consular Agency of the United States of America, 

At Cienfuegos, Cuba. 

On thh eiglitli clay of Julv, 1861, personally appeared W. S. Richardson, 
master of tin- Lrig Naiad, of New York, who makes the following statement : 

That on the morning of the sixth he proceeded to sea with the said vessel, 
load<'d with a full cargo of sugar and molasses, and when at three and a half 
miles distance from the harbor he was boarded by an officer and four men be- 
longing to the steamer Sumter, of the so-called Confederate States of America; 
that these men took possession of the brig and her papers, arrested himself and 
crew, and brought the vessel into this port. Therefore, the said W. S. Richard- 
son now notes his protest with all restrictions and reserves for extension here- 
after, if found necessary. 

W. S. RICHARDSON. 
Attested : 

Charles D. Fowler, 

U7iited States Consular Agent. 



Consular Agency of the United States of America, 

At Cienfuegos, Cuba. 

On this eighth day of July, ISGl, personally appeared William White, mas- 
ter of the bark Louisa Kilham, of Boston, who makes the following statement : 
That on the morning of the sixth instant he proceeded to sea with the said 
vessel, laden with a full cargo of sugars ; that when at two miles distance of this 
harbor he was boarded by an officer and four men belonging to the steamer 
Sumter, of the so-called Confederate States of America ; that they took charge 
of the vessel, and of her papers, and brought her into this port. Therefore, the 
said William White noAv notes his protest with all restrictions and reserves for 
extension hereafter, if found necessary. 

WILLIAM WHITE. 
Attested : 

Charles D. Fowler, 

United States Consular Agent. 



Consular Agency of the United States of America, 

At Cienfuegos, Cuba. 

On this eighth day of July, 1861, personally appeared Andrew S. Haven, 
master of the brig Ben Dunning, of Portland, who makes the following declara- 
tion : 

That he sailed in and with the said vessel from this port on the morning of the 
fifth instant, laden with a full cargo of sugar ; that nothing worthy of notice oc- 
curred until ten p. m. of same date, when his vessel Avas suddenly boarded by a 
boat's crew who came from a steamer seen at a short distance off from the ves- 
sel ; that these men took immediate possession of the ship and of her papers, stat- 
ing that she was a prize to the steamer Sumter, of the so-called Confederate 
States of America. The brig was brought into this port on the sixth instant. 
Therefore, the said appearer now notes his protest with all restrictions and re- 
serves for extension hereafter, if found necessary. 

ANDREW S. HAVEN. 

Attested : 

Charles D. Fowler, 

United States Consular Agent. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 175 



Consular Agency of the United States of America, 

At Cicnfucgos, Cuba, 

Personally appeared, ou this eighth day of July, 1861, William E. Cousins, 
master of the brig Albert Adams, of Boston, who makes the following state- 
ment : 

That he sailed in and with the said brig from this port on the morning of the 
fifth instant, laden with a full cargo of sugar, bound for Boston ; that nothing 
worthy of note occurred until ten p. m. of the same day, when his vessel was 
boarded by the crew of a boat belonging to a steamer Avhich lay close to her ; 
that they claimed the brig a prize to the steamer Sumter, of the so-called Con- 
federate States of America, taking command of her, and seizing the ship's pa- 
pers, and the folIoAving day brought her into this port. Therefore, the said ap- 
pearcr now notes his protest with all restrictions and reserves for extension 
hereafter. 



Attested : 

Charles D. Fowler, 



W. E. COUSINS. 



United States Consular Agent. 



Consular Agency of the United States of America, 

At CienJ'uegos, Cuba. 
On the seventh day of July, 1861, personally appeared James Bolger, master 
of the bark West Wind, of Westerly, Rhode Island, who makes the following dec- 
laration : 

That he sailed from this port on the morning of the sixth instant, laden with a 
full cargo of sugars ; that when at three and a half miles distant from this harbor 
a steamer came up alongside, and sent a boat with several men who boarded his 
vessel and claimed her a prize to the steamer Sumter, of the so-called Confede- 
rate States of America ; that they took immediate possession of the vessel and 
of all her papers, and brought her again into this port. Therefore, the said ap- 
pearer now notes his protest with all restrictions and reserves for extension 
hereafter, if found necessary. 

JAMES BOLGER. 
Attested : 

Charles D. Fowler, 

United States Consula/' Agent. 



Consular Agency of the United States of America, 

At Cienfuegos, Cuba. 

On this eighth day of July, 1861, personally appeared J. H, Shoppy, master 
of the brig Machias, of Machias, who makes the folloAving declaration : 

That he sailed in and with the said brig from the port of Trinidad on the 
second instant, bound for New York, and laden with a full carti-o of sug-ars : 
that nothing worthy or note occurred until six a. m. of the fourth instant, when 
his vessel was boarded by armed men who claimed her a prize to the steamer 
Sumter, of the so-called Confederate States of America ; that they took posses- 
sion of the vessel and of her papers, arrested the crew, and brought her into 



176 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

this port on the sixth instant. Therefore, tlie said appearcr now notes his pro- 
test with all restrictions and reserves for extension hereafter, if found necessary. 

J. H. SHOPPY. 
Attested : 

Charles D. Fowler, 

United States Consular Asent. 



Consular Agency of the United States of America, 

Cicnfuegos, Cuba, July 14, 1861. 

I, the landersigned, consular agent of the United States of America for this 
port, do hereby certify that the foregoing are true and faithful copies of notes 
of protest made before me by the subscribers thereto, the originals of which ap- 
pear on the record book of this consular agency. 

r 1 Given under my signature and seal of office, day and year above 
'■ ■ ■-' written. 

CHARLES D. FOWLER. 

United States Consular Agent. 



Statement of Captain bailey. 

Havana, July 12, 1861. 

The armed steamer Sumter, of the so-called Confederate States, which de- 
stroyed the Golden Rocket and captured several American vessels and took them 
to Cienfuegos, was formerly the United States mail steamer Habana, running 
between Havana and New Orleans. She is under the command of Mr. Rafoel 
Semmes, formerly of the United States navy; has three masts. The following 
is a list of the officers : 

First lieutenant, John Kell; second lieutenant, R. T. Chapman; third lieu- 
tenant, Jno. M. Stribling; master, Wm. E. Evans. Officer of marines, Howell; 
purser, Myers; midshipmen, Wilson, Armstrong, and Hicks; gunner, Cuddy, 
a Rhode Islander; gunner's mate, Howard, a Rhode Islander; boatswain, Mc- 
Casket, a Philadelphian ; sailmaker, Beaufort; carpenter, Robinson; engineers, 
names unknown ; surgeon, name unknown ; crew, exclusive of officers, engineers, 
firemen, &c., about 90 men, and marines about 20. 

There was very little discipline on board ; the men knew their stations, but in 
working the ship they appeared to have but little experience. Her armament 
four 32-pounders, one 68-pounder, on pivot. Several of the men expressed 
themselves dissatisfied with their position; the officers appeared to be quite en- 
thusiastic. 

The Sumter, as the informant leamt, was bound to St. Thomas, but after she 
captured the prizes changed her destination and Avent to Cienfuegos. He be- 
lieves that from that port she proceeded to St. Thomas, from what he could 
gather of the conversation among the officers. He was asked by some of them 
if he knew anything about the route of the Aspinwall steamers, and he told 
them that he did not. 

She sailed from New Orleans on or about the 30th of June. The under offi- 
cers said the Brooklyn chased them. The Brooklyn was about twenty miles 
beyond the bar at Pass a I'Outre. They said the Sumter had provisions for six 
months. The informant saw the Sumter coal at Cienfuegos, and understood 
from the master of the tug-boat that he was going to take water to her. She 
anchored in the harbor inside of the fort, right abreast of the little signal-house. 
Semmes did not go ashore, but the second lieutenant, purser, and one other offi- 
cer did in their uniforms. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 177 



[Extract.] 

protest of William Bailey, master of ship Golden Packet, of Bangor, hurnt 
at sea off the Isle of Pines hy order of the commander of the rebel steamer 
Sumter. 

Sailed from Havana, morning of the 28tli Jnue, in ballat<t, for Cienfucgos to 
load there, under charter party, with Don Jose Fonts, a Spaniard, for Europe. 

When about twelve miles W.NW. of the Isle of Pines, at about 5.30 p. m., 
an armed steamer Avearing American colors fired a shot across the ship's bow as 
a signal to heave to, which was done ; an armed boat's crew boarded the ship 
and ordered the master to go with them in their boat on board the steamer ; the 
master proceeded in the boat on board the steamer; she had the American colors 
at her peake when he reached her ; he was ordered into the cabin of the com- 
mander, who demanded his ship's papers, and after examining them awhile, told 
him that the ship a\ as a prize to the Confederate States steamer Sumter ; and 
being asked what disposition he Avas going to make of the ship, replied he shoud 
burn her, not having any port to take her into. The commander, named Semmes, 
ordered him to return to the ship, bring away the remainder of the ship's papers, 
the crew and their luggage. That when he left the steamer, then the American 
flag was hauled down and the colors of the so-called Confederate States hoisted ; 
that the ship was stripped by the captors of all spare sails and rigging, all her 
stores, and everything of value that could be easily taken away, after which they 
set her on fire; that he, the master, his officers and crew were taken on board 
the steamer, which then proceeded on her way, leaving the ship a mass of flames ; 
that they were taken by the steamer Sumter into the port of Cienfuegos, where 
they arrived on the 6th in the afternoon and landed on the 7th ; that the steamer 
then had seven prizes in charge of American vessels, six of which were sent 

into Cienfuegos and the other remained outside. 

********* 



Mr. Seward to Mr. Shvfeldt. 



Departme.xt of State, 

Washington, July 29, 1861. 

Sir: Your despatch. No. 48, dated July 17, 1861, has been received. 

Before this time the royal edict of the Spanish government will have been 
received at Havana, and I do not allow myself to doubt that the vessels taken into 
Cienfuegos by the privateers will have been discharged by the captain general, 
although the Spanish minister plenipotentiary has not, as I thought he ought to 
do, taken the responsibility of recommending such a course under the circum- 
stances. 

The subject has already gone before the Spanish government for its decision 
in the premises. A delay in its action, however, would be deeply injurious. I 
desire you, therefore, to make the most strenuous efforts to procure the release 
of the vessels in tpestion, while I shall spare no effort to obtain a guarantee from 
the Spanish government against a renewal of such occurrences. 

Your own course in the matter is very satisfactory. 
I have the honor to be, sir, your obedient servant, 

WILLIAM H. SEWAKD. 

E. W. Shufelut, Escp, 

United States Consul General, Havana. 

H. Ex. Doc. 104 12 



178 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

3Ir. Sktife/Jf to Mr. Seivard. 

[Despatch No. 48.] 

Umted States Consulate General, 

Havana, August 1, 1861. 
Sir : I have the honor to inform you that I received on the 28th ultimo a 
communicntion from hii^ excellency the cajitain general of Cuba, in Avhich he 
says that, in consequence of the investigations made by the authorities of Cicn- 
fuegos concerning the capture of the American vessels by the steamer Sumter^ 
he has determined to release them unconditionally, and that the order had beeix 
given to that effect. 

I have since been informed that these Aessels have all sailed from Cienfuegos 
in convoy of the steamer Crusader. 

I have the honor to be, with great respect, 

R. W. SHUFELDT, Co/isul GeneraL 
Hon. WiLLL^M H. Seward, 

Secretary of State. 



Mr. Seward to Mr. Savage. 



Department of State, 
Washington, September 30, 1861. 

Sir: Your despatch of September 17, No. Gl, has been received. I wait 
impatiently to hear from Mr. llussell, at Trinidad, the facts in relation to the 
reported visit of the privateer Sumter at that port. 

Instructions will be given to the marshal at New York to bring to punishment,, 
if possible, the owners of the Tocoa. 

Your vigilance and diligence are highly appreciated. 
I am, sir, your obedient servant, 

WILLIAM H. SEWARD. 
Thomas Savage, Esq., 

United States Vice-consul General, Havana. 



Mr. Koohen to Mr. Seivard. 



Xo. 5.] Consulate of the United States of A.merica, 

Trinidad de Cuba, July 19, 1861. 

Sir : The consul general at Havana has already forwarded to the department 
the notes of protest made by the masters of the six American vessels which 
were taken by the pirate Sumter and brought into the harbor of Cienfuegos on 
the 6th instant. 

Chas. D. Fowler, esq.. United States consular agent, at once informed me by 
telegraph of the arrival of the Sumter and the six vessels. I instantly replied, 
requesting the lieutenant governor to detain the vessels in port and to liberate 
our people on board from the power of the pirate. His excellency promptly 
complied with my request. 

By the first opportunity I went to Cienfuegos, had a long interview with the 
governor, who expi-essed the hope that the captain general Avould at once restore 
these vessels to their respective owners. I was urged on all sides to go to 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 179 

Havana in order to secure tlie release of these vessels. I went, but on my 
arrival learned, to my regret, that the captain general and consul general had 
already referred the question to Washington for settlement. 

I returned to Cicufuegos and informed the lieutenant governor that I would 
not permit my countrymen to be exposed to the ravages of yellow fever in this 
sickly season of the year ; that if these vessels were not permitted to proceed 
on their voyage, they Avould be abandoned to the Spanish authorities under 
protest, and I would take the responsibility to send my countrymen home. 

His excellency seemed to be deeply impressed that the vessels ought to be 
released, but had no power to act in the case. He wrote a very forcible letter 
to the captain general, urging the release of the vessels without delay. On the 
17th instant I asked the usual fort pass to enable these vessels to proceed to 
sea. On the evening of the same day, the governor called to inform me that 
he had received a telegraphic despatch from the captain general saying that as 
soon as he learned that there were American war vessels in these waters, he 
liberated these vessels that they might safely proceed on their voyage. I 
thanked his excellency, expressed the hope that the Sumter would receive no 
further favors in way of coal, water, &c., in the ports of this island. He assured 
me that the Sumter and similar vessels would not be permitted to enter the 
ports of this island again. 

I have not been able to learn upon what principle these vessels were detained, 
but I do know that the Spanish authorities were exceedingly anxious to get 
clear of them. 

On the 15th instant the Niagara and Crusader made their appearance off 
Cienfuegos. The Niagara is worth more than all your consuls in this island. 
I am, sir, vour obedient servant, 

JOHN R. KOOKEN. 

Hon. Wm. H. Seward, 

Secretary of State, Washington. 



Mr. Little to Mr. Seward. 

[Extract.] 



No. 10.] United States Consulate, 

Barcelo/iia, Fehruary 10, 1862. 
Sir : I have the honor to infomi you that since my despatch No. 9, nothing 
of importance has occurred within my consular district. I have carefully 
watclied the movements of the Sumter, as reported in the official gazette, 
" El Diario de Barcelonia," but as the ucavs has been so contradictory from day 
to day, and having received but one communication from the legation at Madrid 
on this subject, I have at times been unable to furnish information to our cap- 
tains as accurate as I wished to have done. 

******* 

I am, sir, most respectfully, your obedient servant, 

JOHN ALBRO LITTLE, 

United States Consul. 
Hon. Wm. H. Seward, 

Secretary of State. 



180 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



PORTUGAL. 



M?-. Dahney to Mr. Seward. 

No. 2.] Consulate United States of America, (Azores,) 

Fayal, February 28, 1862. 

Sir: I have the honor to enclose copies of my con-espondence in regard to 
the secession steamer Anna Child, Hammar, master, and to infoim you that, 
having heard that she had a small carnage gun on her forecastle, I made known 
the circumstance to our civil governor, and he has kindly assured me that he 
will use his endeavors to obtain all possible information in relation to her anna- 
ment and equipage. 

This vessel having received countenance from Messrs. Dart and Lane, and 
obtained coal, Avill probably be the prelude to others bearing that flag, and I beg 
leave to submit for your consideration the expediency of having a United 
States vessel occasionally appear here. 

With the highest consideration and respect, I am, sir, your most obedient, 

CHAS. W. DABNEY. 

Hon. Wm. H. Seward, 

Secretary of State, &fc., 6fc. 



Consulate of the United States, (Azores,) 

Fayal, February 28, 1862. 

Sir : 1 have the honor to inform you that the secession steamer Anna 
Child, Captain Hammar, put in here on Sunday, the 23d instant, said to be 
from North Carolina, (the first report Avas from Charleston,) bound to Liverpool, 
with a cargo of cotton and naval stores, and that the object of her coming here 
was to procure coal. The English West India Steam Company have a depot 
here for the supply of their own vessels. The Lisbon Steam Company also 
have a depot, from which none has ever been taken but for their OAvn vessels, I 
am the only person here avIio has a depot, and always have had since the com- 
mencement of steam navigation, for general supply ; consequently I felt sure 
that the " A. C." Avould have to go elscAvhere to get coal. The vessel Avas 
placed under quarantine for three days, and having heard that the captain had 
addressed himself to IMr. Dart, her Britannic Majesty's vice-consul, I called on 
him, and recommended him, in a friendly manner, not to accept the consign- 
ment. He told me that he had declined it, and had recommended his friend, 
Mr. Lane, (avIio is consular agent for his Majesty the King of Holland, for the 
Hanseatic Cities, and agent for Lloyd's Insurance Company,) who was then 
present, and who had undertaken the management of the steamer's business. I 
recommended him to consider hoAV such an act might be Adewed by the parties 
he represented, as I Avas bound to represent the facts of the case. 

Having heard that they had applied to the agent of the Lisbon Steam Com- 
pany, I called on him. He Avas in the country. When he came to town he 
came to see me ; and for some time (two days) I had hopes that he Avould not 
yield ; but the temptation of seventy shillings sterling prevailed. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 181 

I have it from good authority that Captain Haminar wrote to Mr, Dart that 
" he must have Englii^h papers." I fear that the expedient will be iised by 
many. 

Having been informed that the "A. C." had a small carriagt; gun on the 
forecastle, I applied to the governor to make inquiry respecting " her nature." 
The captain of tin; port was officially addressed, and his excelkncy had the 
kindness to call on me and showed me his report. From that it a})peared that 
she stands in the name of John P. Lafitte, of Charleston, laden as before stated ; 
has twenty-seven persons attached to her, and five passengers, and that there 
was no other indication of armament. 

I fear that this will not reach you in time to enable you to take any measures 
for her capture. 

With great consideration, &c., &c., &c. 

C. W. DABNEY. 

His Excellency C. F. Adams, Sfc, S^c., S(t. 



182 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



BRAZIL. 



Mr. McGrath t.n Mr. Scicard. 

No. 3.] Consulate of the United States, 

Maronham, {Brazil,) Sejjfemhcr 15, 1861. 

Sir : I have tlie honor of transmitting to the Department of State the en- 
cloBed copy of i\\G jfrotcst, made on the 7th of current month, against permis 
siou being granted to the privateer Sumter (which entered this port on the 
evening of tlie 6th) to coal and procure siipplies. 

I regret to state that, notwithstanding the strongest official and personal repre- 
sentations were made to the governor, he finally, after two days' delay, gave his 
consent for the coaling of the steamer. 

I had anticipated that my protest would be successful, its wording being 
founded on the fact that Brazil had not as yet taken any public position on the 
question. You will please observe that I have stated in my protest that if the 
Sumter were allowed to obtain coal, it would be viewed as a " breach of neu- 
trality," on the ground that the Brazilian government had relations with the 
Federal government only, and had not, up to the date of my protest, by any 
proclamation declared her n(>utrality or given to the Confederate States the rights 
of belligerents. It a})pears, however, from the reply of the governor to my 
protest, (a translation of which I enclose,) that although the imperial govern- 
ment had made no proclamation on American affairs, it Jtad sent jjrivate instruc- 
tions to the governors of the different provinces to pursue a neutral course with 
regard to both parties. 

]\ry allusion to the course adopted by the European powers, and causing the 
immediate departure of the Sumter, was based on the reported refusal of England 
to pemtiit such vessels to enter her ports, and France allowing them to remain 
twenty-four hours only. Unfortunately the proclamations of these two nations 
were not at hand to refer to. 

The commander of the Sumter, (R. Semmes,) in his interview with the gov- 
ernor, produced the proclamations made by the different European governments, 
together with the ix-plies made to the consular protests by the governors of the 
various ports where he had obtained supplies of coal. All of these documents 
were translated by order of the governor, and contributed very much to sustain 
him with regard to tlu^ position he took in reference to my protest. 

One of the first acts of Captain Semmes, of the Sumter, was to prove to the 
satisfiiction of this government that he was a regularly constituted " man-of- 
war," having the proper commission and instructions from his government ; this 
being accomplished, he received at once all the consideration accorded to a regu- 
lar armed vessel-of-war. This was done, notwithstanding his claim to the dis- 
tinction was strenuously denied on the ground that a government without a 
nationality, a recognized flag, or a single received official representative abroad, 
could not inaugurate Avhat is known as a "man-of-war." 

The offer of Captain Semmes to salute the Brazilian flag Mas dx-clined for the 
reason that the salute could not be returned -without acknowledging the con- 
federate flag, which, as yet, the Brazilian governor was not prepared to do. 

The course Avhich the governor pursued relative to the coaling of this steamer 
is not favorably considered by a majority of the people of this port. Much 
opposition was made to it in the provisional assembly, and a resolution asking 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 18o 

of the govornor his reasons for the course lie adopt(!d, and wliy he permitted an 
unrecognized flag to tiy in the port, was lost by a few votes only. Nevertheless, 
tlie Sumter found very many warm sympathizers and active friends in JMaran- 
ham, many believing that they are fighting the great battle of slavery. I should 
not be at all surprised if she would return to this port for coal and supplies after 
making a cruise in the course of the East India traders, which her commander 
privately stated as hei?i^^ his intention. 

You cannot imagine the effect which the presence of the Sumter on this coast 
has had upon the American trade. It is quite possible that it will be entirely 
suspended. Already several cargoes ordered a short time previous liave been 
countermanded. The presence of one or two efficient steamers-of-war is indis- 
pensable for the restoration of confidence. 

The Sumter, up to the date of her entrance into this port, has taken eleven 
prizes ; has been at the Island of Trinidad, Paramaribo, in Surinam, and finally 
Maranham, where she obtained one hundred (100) tons of coal, paying $20 per 
ton, it being scarce at the time ; this, with the 150 tons on board, would make 
an ample supply for ten or fifteen days' constant running. The Sumter is 
bark-rig and sails well ; is anned with four (4) rifled and one ten-inch colum- 
biad pivot gun, M'ith a compliment of near two hundred men. 

This steamer is thoroughly armed and equipped, and has an able and deter- 
mined commander, who will succeed in taking, or driving off, or running away 
from any small or inefficiently armed vessel that may be sent against him. 
Under favorable circumstances, the Sumter makes fourteen knots per hour. 
In my opinion, it would not be ]n-udent to send any vessel against her of smaller 
capacity than the Brooklyn. In case this vessel should run into the Pacific, it 
would be well Jbr some of the Pacijic squadron to meet her hefore she reaches 
Valparaiso. In my opinion, it is equally, if not more important that two 
efficient steamers should cruise near Cape Town, in the course of the East India 
traders. 

I perceive that I neglected to mention in the first part of my despatch that 
before the Sumter anchored in this port her commander sent an officer to the 
governor to ask permission for the same, which being granted, the vessel was 
brought up in front of the city to a convenient location for coaling. 

I have to call the attention of your excellency to the latter part of the gov- 
ernor's despatch, where he states that " it was necessary that the said steamer 
had entered this port with prizes as a privateer, (en qualidadc do Corsario,) in 
such a case she could only remain twenty -four hours." Is it not fair to infer 
from this statement that in her recognized character as a " man-of-war" she 
could enter with prizes and remain as long as her commander might desire ? It 
is possible that your excellency may consider that this point requires explana- 
tion from the imperial government. 

I also understand from the most reliable authority that the commander of the 
Sumter stated that the governor had given his word of honor that should he, 
upon leaving this port, capture the brig Maria, of NeAV York, (hourly expected,) 
and whose cargo is neutral, belonging to a Portuguese resident, and send her 
into jMaranham to liave her cargo delivered to the owner, he, the governor, would 
return the Maria to a certain point agreed upon, where the captain of the 
Sumter would obtain her. 

Would such a course, in the opinion of your excellency, be in accordance with 
that strict neutrality which the governor states the imperial government has so 
warmly recommended to him ? 

Being, as Brazil from its location and sympathies is, destined to supply and 
furnish ports of security for the privateers of the southern States, I hope your 
excellency will see proper to have the position and course of this country rela- 
tive to American affairs distinctly understood. 

The Sumter remained in this port nine days, entering on the 6th and 



184 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

leaving on tlif 15tli instant, and, as her commander stated, (excepting- coal,) 
with three months' snpplies. 

I am perfectly well aware that the enclosed protest contains objectionable 
features ; bnt they were introduced intentionally, with the hope that, from the 
unprepared and unadvised state of the provisional government, I might gain the 
object of the protest ; but during the interval of its presentation and reply by 
the governor he was sufficiently Avell instructed to decline acceding to its de- 
mands. I have the assurances of a high official that for some time after the re- 
ception of the protest the government was quite at a loss to know what course 
to pursue. If the Sumter had entered this port as a privateer, and not in the 
character of a "man-of-war," the governor woiald have found more difficulty in 
deciding upon a course of policy. 

September 25. — I have the pleasure of announcing the arrival at this port of 
the United States steamer Powhatan, Captain l*orter, nine days from Surinam, 
in quest of the steamer Sumter. The Powhatan Avill leave as soon as she has 
coaled. The Powhatan entered on the 21st. 

I have the honor to be, sir, your obedient servant, 

W. H. McGRATH, Cmsul 

Hon. W. H. Seward, 

Secretary/ of State, Washington, D. C. 



Mr. McGratk to Governor Aguiar. 
COPY OF PROTEST. 

Maranham, Seiitemhcr 7, 1861. 

I have the honor of calling your excellency's attention to the arrival at this 
port of the steamer Sumter, under a flag not recognized l)y this or any other 
government, and as this same steamer has for the last three months been cap- 
turing and destroying the vessels and cargoes of American citizens, and has 
entered this port to obtain supplies of coal, &c., to continue the same, in the 
name of the government of the United States I protest against permission being 
granted for this object. 

I feel it to be my duty to inform your excellency that if permitted to obtain 
such supplies, it will be viewed as a breach of neutrality and most unfriendly 
act by the government of the United States. I hope that, in view of these cir- 
cumstances, and more particularly the kind and amicable relations that have 
existed for so many years between Brazil and the United States, and the course 
adopted by the great European nations Avith regard to the same question, that 
your exf ellency will cause the immediate departure of this steamer. 

I have also to inform your excellency that by the latest intelligence the 
Sumter has already taken, as prizes, five vessels into Cienfuegos. 

W. H. McGRATH, ConsuU 

His Excellency F. P. de Sousa Aguiar, 

Go vcrnor of Ma ra nh. a m . 



Governor Aguiar to Mr. McGrath. 
[Translation.] 

Palace of the Governor of Maranham, 

September 13, 1861. 

In the despatch of the 7th of the ciu-rcnt nu)nth, which W. H. McGrath,. 
consul of the United States of North America, addressed me, calling my atten- 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 185 

tion to there liaving entered the port of this capital the steamer Sumter under 
a flag not recognized by this or any other government; also observing that 
during tlie hist three months this same steamer has been capturing and destroy- 
ing the vessels and cargoes belonging to the United States of Am(H-ica, and pro- 
testing against permission being granted for the coaling of this steamer, for the 
reason that the government of the United States -would consider it as a breach 
of neutrality and most unfriendly act on the part of the Brazilian government. 

And Mr. Consul further declares that, in view of these circumstances 
and the friendly relations that has existed for so many years between Brazil 
and the United States, he hopes that the governor will cause the immediate 
departure of this vessel, as the great nations of Europe have done under similar 
circumstances, and concludes by informing me that by the latest intelligence 
this same steamer had taken several prizes belonging to North Americans into 
Cienfuegos. 

To be able to ansAver, Mr. Consiil, it was necessary for me, as I mentioned in 
my despatch of the 8th instant, to make the necessary inquiries, according to 
the instructions of the imperial government in regard to the character of the 
said steamer, and, enabled by the information given to me by the chief of police, 
as auditor of the navy I answer your communication. 

Though the States Avhicli declared themselves a constituted and a separate 
confederation have no recognized existence, nevertheless they have constituted 
themselves a distinct government, by which that of Brazil cannot consider it in 
the light of piracy their having armed vessels, nor can she deny them the 
necessary supplies, with proper restrictions, in their character as belligerents. 

As the steamer Sumter is in such a position, (belligerent,) and the Brazilian 
government being obliged to maintain the strictest neutrality during the war 
which so unhappily exists between those States, she must abstain from all 
participation and assistance in favor of either of the belligerents, and cannot 
take a part in acts which might be considered as hostile to either party, and in 
violation of the duties of a neutral. 

On this account no vessel of either party employed in this war or arming for 
it can be supplied in the ports of the empire with munitions of war, but supplies 
of coal and provisions for the continuance of the voyage cannot be denied. For 
this reason the reclamation which Mr. Consul made in regard to the supplies of 
coal cannot be acceded to, and a refusal to grant these supplies would be a 
violation of the neutrality so much recommended by the imperial government. 
In regard to the immediate departure of this steamer Sumter from this port, I 
must say to Mr. Consul, in order that this step should be taken, it was neces- 
sary that the said steamer had entered this port toith prizes as a j^i'ivateer. In 
such a case she could only remain twenty-four hours. By the information I 
have obtained, I learn that this vessel is not in such a position, and it would 
certainly be an improper act on the part of Brazil, and against its character as 
a neutral, to comply with the requisition of Mr. Consul. 

I assure Mr. Consul that the neutrality of this province in relation to the 
United States of America, which are in war, will be strictly maintained accord- 
ing to the instructions of the imperial government. 

In view of the above remarks, it is my opinion that the protest of Mr. Consul 
has not sufficient basis for me to accede to it. 

I profit by the occasion to renew to W. H. McGrath, consul of the United 
States of North America, the expressions of my perfect esteem and distin- 
guished consideration. 

FRANCISCO PBIMO DE SOUSA AGUIAR. 

Mr. W. H. McGrath, 

United States Consul, Maranham. 



186 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



NETHERLANDS. 



3Ir. Jesurtm to Mr. Seward. 

[Duplicate.] 

No. 5.] United States Consulate, 

Curacao, July 10, 1861. 

Sir : It becomes my duty to iuform you that on the 17th in.stant the steamer 
Sumter, Captain Raphael Semmes, an-ivecl at this port, bearing the flag of the 
Confederate States. 

I will also give yon all the particulars that I have ascertained concerning this 
vessel, and also of the manner she was admitted here. 

On the 29th of June she left New Orleans, and having been chased by the 
steamer Brooklyn, she managed to run away from her and got to sea. Since 
then she captured seven American merchant vessels, one of which was burnt at 
sea, (the Golden Rocket,) and the others were taken to Cienfuegos de Cuba and 
sold there, too-ethcr with their caro-oes. The crews were delivered to the Amer- 
ican consul to be sent home. 

This steamer is very well armed. She carries five guns ; a pivot gun of 64 
pounds and four side guns of 32 each, besides a large supply of small arms, such 
as cutlasses, revolvers, hatchets, rifles, &;c. She carries 130 men. 

The foregoing information has been transmitt(!d to me by a friend Avho paid a 
visit to the steamer and had a conversation with the oflicers. 

The steamer Sumter hove in sight oft' this port on the evening of the 16th 
instant, and fired a gun for the pilot, who immediately took to sea. On reach- 
ing her the steamer hoisted the confederate flag, and, the same being unknown 
here, the pilot told the captain that he had to report to the governor before 
taking the vessel into port ; this report was replied by the governor to the cap- 
tain that, according to orders from the supreme government, he could not admit 
into this port privateers, nor their prizes, but in case of distress, and therefore 
the steamer could not be admitted before her character Avas perfectly known. 

In reply to this message the captain of the steamer remained outside of the 
port until the next morning, when he sent a despatch to the governor by an ofii- 
cer, stating that his vessel being a duly commissioned man-of-war of the Con- 
federate States, he desired to enter this port for a few days. The colonial court 
assembled the same morning, and on the ground of the declaration and assur- 
ance of Captain Sennnes in his despatch that the steamer is not a privatqer, it 
was decidecl that slie could enter this port. 

As soon as the steamer Avas admitted I M-rote a despatch to the governor, in 
compliance Avith my duty as consul of the United States at this port, and the 
next day I received an answer; of both documents I beg to enclose copies here- 
with, and hope the department will approve the course taken by me. 

The steamer Sumter intends taking on board, on the 22d instant, 115 ton of 
coals, purchased at $14 per ton, and it is reported that she will again proceed 
to sea to cruise in the Mona passage, but the day of sailing is not yet fixed 
upon. 

I have "iven notice to the consuls of St. Thomas, Havana, and Venezuela, 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 187 

of the presence of the steamer liere, so tliat they may giiard masters of vessels 
of the dano-ers awaitinjr tliem in these waters. 

It is i-eported that the steamer Sumter intends returning- again to this port, as 
soon as slie requires another supply of coals, and I beg to state that should this 
vessel remain in these waters it will cause detriment to the commerce of this 
place and the United States, as no American vessel will be able to reach this 
port. 

A man-of-war stationed in this vicinity, or at this port, will do much good, 
and I am of opinion that she may easily be captured by one of our vessels, and 
I shall be very happy to have a man-of-war here, if one could be spared from 
home. 

I have the honor to be, sir, your obedient servant, 

MOSES JESURUN, 

United States Consul. 
Hon. William H. Sewaru, 

Secretary of State, Waslnngton. 



No. l.J United States Consulate, 

Curacao, July 18, 1861. 

Honorable Sir : Complying with my duty as accredited consul of the United 
States of America in this island, I respectfully beg leave to state that I iiud 
myself placed in a very difficult position through the admittance at this port 
of an armed steamer bearing the flag of the rebellious States, which the United 
States government is now, Avith the greatest energy, trying to bring back to 
submission; a vessel which, according to the declaration of the government of 
the United States, must be considered and treated as a pirate. And as the said 
steamer, on her way from Xew Orleans to this port, has taken and sent for sale 
to the Spanish island of Cuba (according to the report of her own officers) sev- 
eral American merchant vessels, I reckon it my peremptory duty to inform the 
United States government of her presence in these waters, and to warn the 
commerce of Puerto Cabello, La Guayra, St. Thomas, &c., where American 
vessels may be, of the danger they are running ; and in order to be enabled to 
do so, .and to cover my responsibility, I respectfully request from your excel- 
lency to be informed under what pretext and considerations the said steamer has 
asked and obtained admittance to this port. 

I embrace this opportunity to offer to your excellency the assurance of my 
high respect. 

MOSES JESURUN, 
Consul of the United States of Amcrici. 

His Excellency the Governor of Curacao and dependencies. 



[TraEslation.] 

GOVERNMENT OF CURaCAO AND ITS DEPENDENCIES. 

No. 197.] Curasao, July 19, 1861. 

Ackiiowledging the receipt of your letter of yesterday, (No. 1,) I have the 
honor to communicate to you that, according to the warnings which by virtue 
of the orders received from the supreme government were published here, and 



188 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

inserted in tlie Publicata Blatl, (collection of publications,) no privateer nor their 
prizes are to be allowed admittance to the ports or bays of this colony, then only 
in case of distress ; that this prohibition does not extend itself to vessels-of-war, 
and that the screw steamer Sumter being a man-of-war according to the rules of 
nations, could not be repelled from this port. 

It speaks of itself that you are at liberty to give all such notifications and 
warnings as you may judge necessary or proper for the interests of the com- 
merce of the United States of North America. 

J. D. CROL, 
Governor of Curacao and its dependencies. 

Hon. Consul of the United States (f North America, Curacao. 



Mr. Jesurun to Mr. Seward. 



No. 7.] United States Con.sulate, 

Curacao, July 27, 1861. 
Sir .***##*** 

The steamer Sumter left this port on the 24th instant, and proceeded to the 
northward, and it is positively reported that her station will be the Mona 
passage. 

A seaman deserted from the said vessel, and is absconded at this port some- 
where about the country, but up to date I have been unable to find him out, 
but am doing my best to find him, so that I may obtain all information from 
him of the proceedings of the steamer since she left New Orleans. As soon as 
obtained, I shall immediately transmit the same to you. 
I have the honor, &c., 

MOSES JESURUN, 

United States Consul. 
Hon. WiixiAM H. Seward, 

Secretary of State, Washington. 



Mr. .Jesurun to Mr. Seivard. 



No. 10.] United States Consulate, 

Curacao, August 7, 1861. 

Sir : I have the honor to inform you that I have seen the seaman of the 
Sumter, and that, according to his information, the said steamer was not allowed 
to enter the port of Cienfuegos de Cuba, but anchored under the fort ; but the 
prizes taken, six in number, went into port. The steamer took in three lighters 
of coals under the fort, and proceeded to sea immediately, Avithout having heard 
further of her ))rizes, and he supposed that such a prompt departure was occa- 
sioned through fears being entertained of some of our war vessels stationed at 
Havana coming after her, and they proceeded direct to this port for shelter. 

The report in my despatch No. 5 regarding the burning and capturing of the 
vessels was correct. 

The name of the seaman is John Ord, a British subject. He says he de- 
serted from the steamer because he was forced to go on board in New Orleans, 
and did not desire to continue in the service of a rebellious party. 

Since the Sumter left here I have been informed that she captured two 
American vessels off" Porto Cabello, in Venezuela, the bark Joseph Maxwell and 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 189 

another !?chooncr, name not known, both vessels laden from the United States 
with provisions, Up to date I have no fui-ther advices about the schooner, bnt 
the bark is said to be anchored at the Orchilla, an island belonging to Vene- 
zuela, and that the authorities at La Guayra despatched an armed vessel to 
reconnoitre, and, it' so, to bring her to La Guayra. 

The tSumter was seen on the 2d instant in the vicinity of Maturin, on the 
coast of Venc^zuela, proceeding to Avindward, and it is supposed she continues 
her course through the Avindward passage to capture vessels there. 

I have to inform you that I have this day called upon the governor of the 
island, requesting him to advise me if the Sumter should be admitted again to 
this port should she appear, and in reply, he assured me that sli<; will not be 
admitted, on the ground that since she left this port she has been capturing 
vessels on the main, and, as he desired to keep a strict neutrality, according to 
his orders, he could not permit this island to be made a starting point for the 
steamer. I have also questioned as regards other vessels under the flag and 
commission, to which he stated that, should another vessel appear, he will then 
act according to circumstances. 

I am of opinion that the governor has committed himself in admitting the 
Sumter here, and now desires to arrange the aifair ; the majority of the people 
here is of the same opinion. 

There is still in store at this port about 400 tons of coals, and should another 
steamer arrive she will certainly obtain her supply, and, in order to avoid her 
obtaining the article here, I would suggest to you to authorize me to purchase 
the quantity for account of the government, and draw for the amount. This is 
the only method of preventing such vessels to coal here unless orders are 
received from Holland to the contrary. 

The coal can be purchased at $14 per ton, and, as I doubt not the depart- 
ment will order a steamer in these waters very soon, she can take the neces- 
sary quantity here for her voyage. 

I am using my utmost to protect the commerce and the government of the 
United States, and shall keep you advised by every conveyance. 
I have the honor, &c., 

MOSES JESURUN, 

United States Consul. 
Hon. WiLLiAiM H. Seward, 

Secretary of State, Washmgton. 



Mr. Jcsurun to Mr. Seward. 



No. ll.J United States Coivsulate, 

Ouragao, August 26, 1S61. 

Sir : I have the honor to inform you that on the 15th instant, the United 
States steamer Keystone State, G. H. Scott, commander, passed before this port 
bound westward. 

The pilot boarded her, and the commander stated to him that, being in a 
great hurry, he could loose no time in entering the port ; he inquired from him 
about the Sumter, but finding she was not here, proceeded immediately. She 
was last from St Thomas. 

I have no further information regarding the whereabouts of the Sumter; she 
was not seen or reported since the 2d instant, and I hope she is by this time in 
the hands of our government. 

The bark Venus arrived from New York on the 19th instant, and report hav- 
ing been chased, on or about the edge of the Gulf Stream, by a brig, which he 



190 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

supposed to be a privateer. The cai)t;iiu f-ays tliat he was chased for three 
days, hut his vessel being very fast she couki not come up with him. Fearing 
privateers on the coast, the captain has sold his vessel at this port, and returns 
under the Dutch flag; and I am of opinion that all regular vessels trading be- 
tween this and New York, will do the same. 

I have the honor to be, sir, your obedient servant, 

MOSES JESURUN, 

United States ConsuL 
Hon. William H. Seward, 

Secretary of State, Waskington. 



Mr. Jcsurun to Mr. Seward. 



No. 13.] United States Consulate, 

Curasao, September 3, 1861. 

Sir: I have the honor to announce the arrival at this port on the 30th ultimo, 
of the United States steamer Powhatan, David D. Porter, commander, from 
Jamaica last, ofticers and crew all well. 

The Powhatan came to this port in search of the rebel steamer Sumter, and 
I have given to Captain Porter all the necessary information about her Avhere- 
abouts to the best of my knowledge, and according to last advices said vessel 
left Trinidad for the Brazils. 

I had the pleasure to call on his excellency, the governor, together with 
Captain Porter. We were received in best order, and very kindly. During 
our stay at the Governor's we brought forth the admittance of the rebel steamer 
Sumter at this port, which we considered a very unfriendly disposition of the 
governor towards the United States, but no satisfaction has been obtained. The 
governor stated that he acted according to his instructions, and could not deviate 
therefrom, and should another rebel steamer arrive here he must admit her un- 
less he receives in the meantime contrary instructions from the supreme gov- 
ernment. Captain Porter, during his stay here, went into con-espondence upon 
the subject Avith his excellency, but no definite answers Avere obtained. 

The PoAvhatan took, at this port, 176 tons of coals, and sailed on the 2d 
instant in search of the Sumter, and I hope she Avill soon capture her. 

The tAvo last ])riz(>s of the Sumter have been retaken by the Powhatan; 
the schooner Abby Bradford, Avas sent to Philadelphia, and the Joseph Max- 
well left in Cienfuegos, as she required repairs, so that all the captured ves- 
sels by the Sumter are now in hands of the government. 

On leaving this port the PoAvliatan fired a salute of 21 guns, Avhich Avas 
duly returned by the fort. 

I have the honor to be, sir, vour obedient ser\'ant, 

MOSES JESURUN, 

United States Consul. 

Hon. William H. Seavard, 

Secretary of State, Washington. 



Mr. .Jcsurun to Mr. Seward. 



No. 14.] United States Consulate, 

Curagao, Septemhcr 6, 1861. 

Sir : In continuation of my advices concerning the rebel steamer Sumter, I 
beg leave to state that I have received this day advices from Surinam that said 
steamer arrived at that port on the 19th of August, and Avas duly admitted by 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 191 

the governor as a man-of-war, and that she woukl take in her supply of coals to 
continue her voyage as hei-etofore. It is also repoi-ted that the Sumter saluted 
the port of Surinam, and tluit the same was returned by the fort, although at 
this port no civility whatever was shown to her. 

It is, indeed, painful to observe the conduct of the Dutch governors regarding 
the free admittance of the pirate under existing friendly relations between our 
government and that of the Netherlands. 

The steamer Powhatan will certainly proceed from St. Thomas, where she 
went for information about the Sumter, to the coast of Guiana, as the commander 
will be informed of her being at Surinam or having been there, and I hope soon 
to have the honor of reporting to the department of her being captured. 

Captain Porter, of the steamer Powhatan, required, whilst at this port, a sum 
of money, and requested me to procure the same for him, and it was with my 
influence amongst the merchants that I could procure the sum of $5,500 in 
American gold, (this specie very much wanted;) and to induce them to give the 
money, I had to offer my signature as indorser to the bills on the Navy Depart 
ment, which otherwise could not have been sold. 

You will, by foregoing reports, observe that I am always occupied in attending 
to the interests of the government, and you may be assured that I shall continue 
to do all that lies in my power for its welfare, and should be pleased to receive 
your instructions how to act from time to time. 

I have the honor to be, sir, your obedient servant, 

MOSES JESURUN, U. S. Consul. 

Hon. W. H. Seward, 

Secretary of State, Washington. 



Mr. Jesurun to Mr. Seward. 



No. 15.] United States Consulate, 

Curacao, Septetnher 6, 1861. 

Sir : It becomes my duty to repoi-t to you that since the 22d of July I have 
addressed myself to the United States consul at St. Thomas acquainting him of 
the arrival of the Sumter at this port, and fully have I written to him about the 
said vessel and her proceedings since she left the Mississippi. I have also re- 
quested him to forward to the department my despatch No. 5, relating to said 
vessel, by the first opportunity to the United States. 

To my great surprise I am, up to date, without any advices from said consul, 
and am unaware whether my despatch to you was forwarded or not. 

I beg to bring this point before the department, so that you may be satisfied 
that I had duly communicated the arrival of the Sumter at this port, and that 
should there have been any delay in my despatches reaching you not to be 
considered as a neglect from my part. 

I have the honor to be, sir, your obedient servant, 

MOSES JESURUN, JJ. S. Consul. 

Hon. W. H. Seward, 

Secretary of State, Washington. 



192 INSURGENT PRIVATEERS I\ FOREIGN PORTS. 



M?-. Morse to Mr. Seward. 

No. 21.] 

Curacao, Novcmher 8, 1861. 

Sir : I have tlic honor to advise you that the United States propeller Iroquois, 
Captain J. S. Palmer commanding-, arrived at this port this morning and sig- 
nalled the pilot. The harbor master, Mr. Garsta, went on board, bearing a 
letter from the governor of this island and dependencies, conveying his in- 
structions from the government at The Hague. The substance of which was 
that the United States vessels-of-war were placed upon a footing equal with the 
same from the confederate, so-called, or rebel government, restricting vessels-of- 
war from each to forty-eight hoiu-s stay in this port, and taking on board coal 
sufficient only for twenty-four hours. 

Commander Palmer responded promptly in a communication to the governor, 
declining to enter the port of Curasao and to receive the hospitalities of that 
government upon the humiliating conditions imposed by the terms of the gov- 
ernor's communication. 

Commander Palmer sent his boat ashore. I visited him, and was gratified to 
find that his reply was prompt and already peinied. 

And though learning that the United States government had some 1,300 tons 
of coal just delivered for the use of her steamers arriving here, and after learn- 
ing that no coal could be had at Santa Martha, N. G., the Iroquois, tarrying two 
or three hours off this harbor, steamed away for St. Thomas. 

Bringing the commander's despatch from the Iroquois, I transmitted the same, 
with a respectful note, to the governor. Having no authority, not having as yet 
received my exequatur, I refrained from making any formal protest to the gov- 
ernor against the action in the premises of his government. 

I take pleasure in stating that the merchants and the people of this place, 
with great unanimity, express much indignation on account of the restrictions 
by the government at The Hague upon the national vessels of the United States. 
Very respectfully, your obedient servant, 

R. E. MOUSE, 
United States Commercial Agent. 

Hon. "William H. Seward, 

Secretary of State. 



Mr. Morse to Mr. Seward. 



No. 22.] Commercial Agency, 

Curacao, W. I., November 9, 1861. 

Sir: I have the honor to state that herewith, by the Favoritas mail to the 
United States, I forward my despatch of yesterday, the Stli instant, in relation 
to the instructions from the government at The Hague to the governor of Curasao 
and dependencies concerning certain restrictions upon the United States men-of- 
war entering this port, together with the intelligence that the commander of the 
United States steamer Iroquois, arriving off" this })ort the 8th instant, declined to 
enter and coal (the United States government having ample stores of coal here) 
under the humiliating conditions imposed by the governor's communication to 
Commander Palmer. This p. m., 4 o'clock, the Dutch steamer, man-of-war, 
Vesuvius, four others being in port, has just left, as I am reliabl}^ informed, for 
St. Tliomas in time to intercept the packet bearing the mails to The Hague. 

I am well advised that the steamer conveys despatches from the authorities 
here in relation to the circumstances of the Iroquois arriving off' this port, and 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 193 

boaving- protost.s of prominent mercliants of this place against the restrictions 
upon the United States steamers entering this port, with an appeal, I am advised 
unofficially, to the home government for a i-evocation of their restrictions. 

I have advices further; and my opinion, based upon observation, is that the 
sentiment is strong and unanimous through all classes, including the authorities 
here, against the restrictions imposed by the government at the Hague upon the 
United States steamers entering this port. 
Respectfully, your obedient servant, 

R. 11 MORSE. 
Hon. William H. Skward, 

Secretary of State. 



Mr. Sawyer to Mr. Seward. 



No. 18.] United States Consulate, 

Fort of Paratnaribo, September 4, 1861. 
Sir: I have the honor to inform you that the rebel steamer Sumter came 
running into this port, following a French steamer, on the 19th day of August, 
flying the rebellious soiithern flag at her peak. 

She ran past Fort Amsterdam, which is six miles below the town, where all 
vessels bearing a strange flag, with the exception of men-of-war, must come to 
anchor and have their pass signed before they are allowed to proceed to town. 
I immediately met the governor at the w^ater side, Avho seemed much aston- 
ished, and asked him if he allowed that vessel to remain in port, and if he reco"-- 
nized the flag she bore He responded that he did not, but said that he thought 
her to be a man-of-war. I persisted that she Avas nothing but a vessel sent out by 
the rebels of the southern States on a piratical expedition, and hoped that he 
would decide to order to sea at once. 

The following day I called on him and wrote him letter No. 1. I had 
learned that the Sumter was much in want of coals and other supplies, and her 
uitention was to thoroughly refit. 

I most earnestly begged of the governor, in the name of the United States, 
not to allow any coal to be taken on board, as it Avould be helping the rebels 
against the United States, and give them the means of plundering our vessels, 
as she had already done since running the blockade. He seemed undecided 
how to act, and regretted much that the vessel had come here. He had also 
taken the advice of the authorities and two French officers, and their opinion 
was that coals were not a contraband of war, 

I allowed it was not, for argument sake, but said that there was no war, only 
a rebellion, which the United States would subdue in a very short time, but in 
the meantime a foreign government acted very wrongly by recognizing their 
vessels as commissioned men-of-war. However, he told me that the government 
would not furnish her (the Sumter) with coals, and would request the holders 
of coals not to sell to her. 

The captain (Semmes) had already purchased coals of a person here, but the 
seller would not deliver them until he had seen and obtained consent from the 
governor. He called on him and was told that he (the governor) should not 
interfere with the business of private individuals, but that the government would 
not sell coals to the Sumter. 

The merchant proceeded to deliver them. 

Having understood that some of our men-of-war Avere in this vicinity, I con- 
sidered it my duty to endeavor to detain the Sumter here as long as possible, 
and also to stop his coaling. 

H. Ex. Doc. 104 13 



194 INSTTRGEXT PRIVATEERS IN FOREIGN PORTS. 

I immodiatoly -wrntc to all tlif consul in tlii.s vicinity, viz : ]\Iartiniquo, Ha- 
A'ana, St. Thomas?, Dcmara, Barbadoes, Cayenne, and Kingston, per mail, 
■which left on the 20th August, and then tried my utmost to place obstacles 
in her way in order to keep her here as long as possible. His (the captain's) 
intention was to have left in two or three days, provided they could get the 
coal on board. 

I immediately hii-ed all the punts ; as the vessels ar(> all loaded and discharged 
by lighters and punts, they were obliged to load in boats and small flats, which 
kept tliem occupied day and night till the 30th. The return mail brought the 
news that the Keystone Stat(> had touched at Barbadoes in search of her, on 
the 21st of July, which is only two days sail from here, and if she came here 
the Sumter would be in a trap as it were. However, sin; put to sea the 31st, 
leaving behind two of her men, they having deserted. 

It being here neutral territory, I have done nothing more than get his punts 
away by paying the owners of the same, and have not attempted anything se- 
rious against him. The expense incurred 1 hope the government will see fit to 
reimburse to me. 

I had also an idea that as the governor had broken the neutrality, (first by 
allowing the vessel to come up to town without a pass ; second, by coaling,) 
that if any of our men-of-war should have arrived they would come iip and 
take her as she lay in port. 

Hearing that a planter had sold her coals, and was about to send them from 
his plantation, about thirty miles distant, I sent off a boat and had the lighter 
arrested, as the owner had let the punt to transport coals from one plantation to 
another. He gave me an order to detain it, which I did, and made them take 
the coals out. 

I warned the governor that if the Sumter took away any of our vessels after 
leaving here that this colony would be responsible for them, whether coals 
were conti-aband of war or not, as the aiithorities were aware that they were 
to be used against the United States. 

As far as I can jixdge by the looks of the Sumter at a distance, and by infor- 
mation from persons who have been on board, she is a mere shell of a vessel. 
She has six 64-pounders, and one very heavy pivot gun. 

The officers seem to be aware that they are in a precarious position, as they 
say that they never will be taken alive. 

She touched at Cayenne before coming here, but the authorities would not 
allow her to enter the port. 

If this affair is allowed to pass, and there are more of these rebel vessels in 
our waters, they Avill undoubtedly make this port a coaling station, as they have 
been so well received by the authorities. 

As for myself, I consider that the flag has been insulted by allowing the rebel 
to fly his ensign on the same territory. 

My idea is that she is bound north, as I understood that some of the officers 
said that there were six other vessels trying to run the blockade, and were to 
meet somewhere near the Gulf stream, in a certain latitude. They also said 
that at Porto Cabello they were fired into and came near being sunk. 

Since their coming out they have fired but three shotted guns — one at the 
Golden Rocket, two at other vessels. 1 think that they are afraid that their 
guns may injure the vessel. 

Allow me to say that it is my opinion that if any of these vessels are taken 
it will be bad policy for oiir government to execute the majesty of the law at 
once, as these rebels will certainly retaliate mnji for man; at least they have 
said it. 

The fault of the Sumter coming up to town lies at Fort Amsterdam, as it 
seems the troops on guard did not plainly see the flag, and as she followed a 
French steamer they imagined that they were both of the same nation. 



INSURGENT PRIVATEERS IX FOREIGN TORTS 195 

Tlic man that furnislied lior with coak it* a chn-k of a Britij^h subject namocl 
Wri-ht. 

The Uvo men that det^erted from the Sumter called on me for protection. 
I advised them to leave this place as soon as possible, as the vessel might return 
soon, or some other belonging to the rebels. 

Tli(»y stated that the ])rizes had all been taken imder false colors. A man 
was continually at the masthead, and when a vessel was seen they would run 
np the English, Spanish, or French tlag and run for her, but when a steamer 
hove in sight they would get away as fast as possible. Their engine cannot be 
run but a short time owing to the heating of the machinery, which, (.'very few 
hours, they are obliged to stop to cool oft'. 

I hope that you will approve of my endeavors to detain this vessel, although 
of no avail. 

I have just rcc(!ivcd information from the light-ship that when the Sumter 
was a few miles at sea the smoke pipe was taken down, her ports closed, and 
her rig completely changed. She now resembles a common merchant bark. 
I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 

Hon. Wm. H. Seward, 

Secretary of State of the United States of America. 



Mr. Saicyer to Mr. Scicard. 

[P. S. to No. 18.] 



United State.s Consulate, 
Port of Varamariho, Septcmher 4, 1861. 

Sir : The mail leaves in a few moments; I have the honor to add that I just 
received information from the light-ship that when the Sumter was a few miles 
at sea, the smoke pipe was taken down, her ports closed up, and her rig com- 
pletely changed. She now resembles a common merchant bark. 
I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 



No. 1. 

Mr. Saici/rr to Governor Van Lanshurg. 

Paramaribo, August 21, 1861. 

The undersigned begs to inform your excellency that there are some persons 
in this colony who are about to supply the piratical and rebel steamer Sumter 
with contrabands of war. I most earnestly hope you will put a stop to it. 

I beg, also, to infomi you that the United States are having sei-ious ti'ouble with 
the Spanish authorities for the facilities off"ered this same steamer at Cienfiiegos, 
by supplying her with coal and other contraband of war, besides allowing the 
use of their port to her as a station. 
I am yours, respectfully, 

HENRY SAWYER, 

Zhited States CofisuL 
His Excellency Governor Van Lansburg. 



196 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. Sawyer to Messrs. Sols man Brothers. 

United States Consulate, 
Port of Paramaribo, August 22, 1861. 
GentlEiMEN : I undorpitaiid that you have a i^upply of coal and powder on 
hand and for t^ale ; I most rctipcctfully beg of you, in the name of the United 
States, not to sell or furnish a pound of either to that rascally and piratical 
steamer sailing under the name of Sumter. 
Your obedient servant, 

HENRY SAWYER, 

Vrdled States Consul. 
Messrs. Solsman Brothers, Paramaribo. 



Mr. Sawyer to Messrs. Bosehnitz and Canteau. 

United States Consulate, 

August 20, 1861. 

Dear Sir : Have you coals for sale, and if so, what is the price ? 
Yours, &c., 

HENRY SAWYER, 

United States Consul. 
S. H. S. Bosehnitz, Esq. 



Dear Sir : Have you coals for sale, and if so, what is the price ? 
Yours, &c., 

HENRY SAWYER, 

United States Consul. 
S. P. Canteau, Esq. 



Mr. Sawyer to Mr. Offerell. 



United States Consulate, 
Port of Paramaribo, August 21, 1861. 
Dear Sir : In tlu,' name of God don't sell a poiind of coal (a contraband of 
war) to that rascal of a rebel and pirate now anchored in this port, and flying 
his rag in the teeth of the authorities of this place. 

If you have more than you require for your plantations, and will sell to me, 
I will purchase, providing the governor of this colony has not vetoed the coaling 
of the Sumter, (or any other name she may sail under,) and will give you in 
payment a draft payable at sight on the government of the United States at 
Washington for the amomit. 
I am yours, truly, 

HENRY SAWYER, 

United States Consul. 
D. C. Offerell, Esq. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 197 



Mr. Sawyer to Mr. Wright. 

United States Consulate, 

Paramaribo, Augtist 20, 1861. 
Mv Dear Sir : I have been informed tliat yon are indirectly aiding and 
helping the piratical steamer Snmter with coals, (a contraband of war.) For 
God's sake don't do it, as I shall be obliged to protest against yon in the name 
of the United States to the governor of this colony. 
Trnly yonrs, 

HENRY SAWYER, 

United States Consul. 
Hugh Wright, Esq. 



Mr. Sawyer to Hon. D. C. Monroe. 

United States Consulate, 
Port of Paramaribo, August 22, 1861. 

Dear Sir : I have reason to believe that one or more of yonr countrymen, 
subjects of her Britannic Majesty, are indirectly aiding and assisting with coal 
the piratical steamer now anchored in this port and flying the rebel rag at his 
peak. 

According to the late proclamation, if I am not mistaken, it is considered 
felony by yonr government. 

I must respectfully request and beg of you, in the name of the United States 
of America, that if such be the case you will use your endeavors to put a stop 
to it. 

I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 
Hon, D. C. Monroe, 

Her Britannic Majesty's Consul, Paramaribo. 



Mr. Monroe to Mr. Sawyer. 



No. 18.] British Consulate, 

Surinam, August 22. 
Sir : Your communication of this date has just been handed to me, and in 
reply I have merely to say that the only Britisli subjects having coal for sale at 
this port have been already requested to keep a strict neutrality Avith regard to 
the contending yjarties now unhappily at war in the United States, and especi- 
ally with regard to the supplying of the munitions of Avar to the southern steamer 
Sumter, noAV lying at anchor in this harbor. 

I have the honor to remain, sir, your most obedient servant, 

D. C. MONROE, 
Her Britannic Majesty's Consul. 
H. Sawyer, Esq., 

United States Consul, Paramaribo. 



198 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Messrs. Sols7nan Brothers to Mr. Sawyer. 

Surinam, August 22, 1862. 

Sir : Acknowlcclg-ing the receipt of yours of this date, we have the pleasure 
to state, previous to that receipt we ah'eady had refused the sale of coals to the 
commander of the steamer Sumter. No application having been made hy him 
for the purchase of j^owder, which, if so, as a matter of course, we also should 
have positively declined. 

Your obedient servants, 

SOLSMAN BROTHERS. 
H. Sawyer, Esq., 

United, States Consul at JParainaribo, 



I 

Mr. Sawyer to Messrs. Van Praag (k Co. 

United States Consulate, 
Port of Paramaribo, August 22, 1861. 

Gentlemen : Understanding that you have coal for sale, I most respectfully 
request and beg of you, in the name of the United States of America, not to 
sell a poimd to that rascally steamer sailing under the name of Sumter. 
Your obedient servant, 

HENRY SAWYER, 

United States Consul. 
Messrs. Van Praag Brothers, 

Merchants, Paramaribo. 



Mr. F. W. Seward to Mr. Saicyer. 

Department of State, 

Washington, October 4, 1861. 
Sir : Your despatch No. 18, dated September 4, has been received. Your 
conduct in regard to the Sumter while at Paramaribo is a])proved. The subject 
will be promptly broixght to the notice of the government of the Netherlands. 
I am, sir, your obedient servant, 

F. W. SEWARD, 

Assistant Secretary. 
Henry Sawyer, Esq., 

United States Consul, Paramaribo. 



Mr. Sawyer to Mr. Seward. 

No. 19.] United States Consulate, 

Port of Paramaribo, Se}>tember 5, 1861. 

Sir : I beg to enclose you the Surinam government ncM'spaper, wherein is 
the proclamation of his Majesty the King of Holland, relative to rebellion in 
the United States. 

I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 
Hon. Secretary of State 

of the United States of America. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 199 



[Translation.] 

In obedicnice to the King'^^ orders tlic ministers for foreign affairs, of jnsticc, 
and of the marine, present to the knowledge of all it may concern, that to guard 
against probahle difficnlties dnring the donbtfnl complications in tlie United 
States of North America, no privateers, under any Hag soever, or provided with 
any commission or letters of marque, or their prizes, shall be admitted into our 
havens or seaports, unless in case of marine disaster, and that requisite orders 
be issued that under any circumstances such privateers and their prizes be re- 
quired to go again to sea as speedily as possible. 

At the Haguk, 

The ministers above named. 



[Translation.] 

The minister for foreign affairs and the minister of justice, by the King's 
authority, warn, by these presents, all inhabitants of the kingdom, that during 
the existing disturbances in the United States of America they in nowise take 
part in privateering, because the Netherlands government has acceded to the 
declaration upon maritime rights set forth by the Paris conference of 1856, 
whereby, among other matters, privateering is abolished, and no recognition of 
commissions got for letters of marque permitted. Also, that commissions and 
letters of marque, in conflict with the aforesaid prohibition, which may issue to 
inhabitants of the Netherlands, cannot have a lawful effect in behalf of the 
King's subjects, or of any abroad who are in subjection to the laws of the kingdom. 
Those who, imder such circumstances, engage in or lend their aid in privateer- 
ing to other people will be considered as pirates, and prosecuted according to 
law in the Netherlands, and subjected to the pimishment provided for the com- 
mission of such offences. 

The Hague. 

The ministers above named. 



[Translation ] 

The minister for foreign affairs, apprised by a communication from the minis- 
ter of marine that the King has authorized the naval force in the West Indies 
to be seasonably strengthened by his Majesty's steam frigate Zealand, and the 
screw propellers Dyambi and Vesuvius, for the purpose; of giving protection to 
the trade and navigation of the Netherlands during the contest which seems to 
be in existence in the United States of North America, wherever it may be de- 
sired, therefore esteems it to be his duty to direct the attention of ship-masters, 
consignees, and freighters, to the peril to Avhich their insurance against loss will 
be exposed by any violation of the oldigations imposed on neutral powers to 
respect actual blockades, and not to carry contraband of war, or despatches of 
belligerents. 

In these cases they will be subject to all the resulting losses that may follow, 
without the benefit of any protection or intervention on the part of liis Majesty's 
government. Of which take notice. 

The Hague, June, 1861, 
The minister above named. 



200 INSURGENT rRIVATEPZRS IN FOREIGN PORTS. 



M?: Sawi/er to 3Ir. Seward. 

No. 20.J Umted States Consulate, 

Po?-t of Paramaribo, September 10, 1861. 

Sir : I beg- to inform you that on the 4th int^tunt I Avrnto you, givmp; all 
particulars regarding the piratical steamer Sumter, * * * -which has been 
allowed to coal and relit at this port. She left on the olst of August to con- 
tinue her nefarious business. I used all endeavors to have her ordered to sea 
without being allowed to coal, but to no purpose. When I found that she would 
be allowed to take it on board, I then iised all means to detain her here and 
pi'event, if possible, the coaling, and have expended quite a, large sum in so do- 
ing, which I hope it may please the government to reimburse to me, although I 
acted without instructions ; but I considered it my duty and for the benefit of 
my country. Two of her men deserted and threw themselves on my protection, 
which I officially refused, but they did not leave in the Sumter. They stated that 
they were driven on board by actual starvation in the streets of New Orleans, 
and, also, that the crew Avere most northern men and principles, and would 
gladly leave the Sumter. I cannot but hope and pray that this affiiir Avill not 
be allowed to pass, as I am certain that if such is the case the piratical vessels 
will mjike this port a station. 

The Sumter called at Cayenne but was not allowed to enter the port, neither 
would the authorities receive the commander or officers. There were no pris- 
oners on board, as they had left quite a lumiber among the islands. 

I beg to be informed how I shall act in case prisoners are landed here in a 
destitute condition, who are not seamen. 

Th(! governor acknowledged to me that he considered the Sumter a man-of 
u-ar of the southern States. 

I beg to refer you to my despatch No. IS, which I have forwarded in dupli- 
cate. 

I am vour most obedient servant, 

HENRY SAWYER, 

United States Consul. 

Hon. Secretary of State 

of the United States of America, Washington. 



Cojiy of letter to the governor of Paramaribo. 

Paraimaribo, August 21, 1S61. 
The undersigned begs to inform your excellency that there are some per- 
sons in this colony who are about to supply \\\v piratical and rebel steamer 
Sumter Avith contrabands of Avar. I most earnestly hope you Avill put a stop to it. 
I beg, also, to inform you that the United States are haA'ing serious trouble 
Avith the Spanish authorities for facilities afforded this same steamer at Cienfue- 
gos, by su]>plying her Avitli coal and other contrabands of Avar, besides alloAving 
the use of their ports to her as a station. 
Your obedient serA-ant, 

HENRY SAWYER, 

United States Consul. 
His Excellencv Governor Va.\ Lansburg. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 201 



Mr. F. W. Sc/card to Mr. Saicyer. 

Department of State, TF«*7^m^<<m, October 17, 1861. 

Sir: Your despatch No. 20 lias been received. You will please accept tlu^ 
thanks of the department for the very full information Avhich you have commu- 
uicated to it relative to the piratical steamer Sumter. 

While it is much regretted that she was allowed to coal at Paramaribo, it is 
gratifying to know that you used all the means in your power to prevent it and 
to detain her in port. For the expenses incurred in the matter, which you ask 
to be reimbursed, I will thank you to send an account, with vouchers, sj^ecifying 
the particular services for which payments were made by you. 

There is no fund appropriated for the relief of citizens of the United States, 
other than seamen, who may be landed at a foreign port in a destitute condition, 
and any expenses incurred by our consuls for such an object cannot be reim- 
bursed without the authority of Congress. 

I am, sir, your obedient servant, 



Henry Sawver, Esq., 

United States Consul, Paramaribo. 



F. W. SEWARD, 

Assistant Secretary. 



Mr. Sawyer to Mr. Seward. 



No. 21.] United States Consulate, 

Port of Paramaribo, September 24, 1861. 

Sir : I have the honor to inform you that on the 14tli instant the United States 
war steamer Powhatan arrived at the light-ship and left the same day for the 
Brazils, in pursuit of the Sumter. The commander addressed a letter to the 
governor of this colony relative to the coaling and refitting of the Sumter. I 
received merely a verbal message. 

On the 18th instant the United States war steamer Keystone State, Com- 
mander Scott, arrived and came up to town, he having received a letter from 
me at the light-ship relative to the river pilots, &c. He left the following day 
for the islands. He most decidedly refused to have anything to do with the 
authqrities, owing to the reception of the piratical vessel here. It seems he left 
St. Thomas the day after my letter of the 20th of August reached the consul, 
notifying him of the arrival of the Sumter here, but on coming out he was 
spoken by some fishermen, who informed him that the Sumter, or a vessel an- 
swering her description, had been seen at sea among the islands the day before, 
which Avas not the case, as she laid here from the 19th till the 31st of August, 
and if he had not been deceived the Sumter would have been a thing of the 
past, as the Keystone State would have been here on the 28th or 29th, and 
undoubtedly taken the rebel vessel at her moorings in port. 

I do not think that the crew of the Sumter Avill fight Avhen overhauled, as 
the two deserters reported that they were all dissatisfied and would gladly leave 
the vessel, and Avould throw down their arms in case of being attacked. The 
commander (Semmes) wrote to the governor on his departure that he should 
return or send a vessel for his deserters. 

Commander Scott took with him, on his departure, five of the crew of the 
bark Mary Broughton, of Boston, W. E. Herrick, master. They were insub- 
ordinates. I used all possible endeavors to have them return to their vessel, 



202 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

but tlioy positively rctiiscd to <^o Avith her excopt by tbrce, and as she was bound 
to Ilollaud, I jdaced tlu'in on board the Keystone State. 

The authorities gave me all aid possible, and not interfering in the least, as 
in the case of the brig Taratine, they having come to the same conclusion us 
the authorities in the Netherlands East Indies relative to the jurisdiction of the 
United .States consiils, and also by the appearance of a United States armed 
vessel in port, it being the first that ever called here. 

The names of the seamen are Charles King, C. Johnstone, Horatio N. Rug- 
glcs, C. F. Gordon, and A. H. Harris. When about to send them on board, 
the captain and myself tried to persuade them to return to their own vessel and 
all would be forgotten. They responded that if they went on board it would 
be in irons, and no other way. They accused the captain of making false 
shipping articles, and declared they shipped to go to Cayenne or Surinam and 
back to Boston. The shipping articles, signed by the collector of customs, 
Boston, reads as follows : 

" It is agreed between the master and seamen or mariners of the bark Mary 
Broughton, of Boston, whereof William E. Herrick is at present master, or 
Avhosoever shall go for master, now bomid from the port of Boston to Cayenne 
and Surinam, from either back to a port of discharge in the United States or 
Europe. 

"Boston, June 27, ISGl." 

I beg to say that I am the only native-born United States citizen in this 
colony, and have resided here thirteen years. 
I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 
Hon. William H. Seward, 

Secretary of State of the Viiited States of America. 



Jlr. Saivyer to Mr. Seward. 

[Extract.] 

No. 27.] United States Consulate, 

Port of Paramaribo, October 20, 1861. 

Sir: I have the honor to inform you that the United States steamer Iroquois 
arrived at this port from St. Thomas in pursuit of the Sumter. She is in, want 
of coal, Avater, &c., which has been procured and will be taken on board to- 
morrow. She will leave at once for Maranham, where I hope the Sumter Avill 
be found, as I understand that that government shows all favors to the rebel 
vessels. 

I beg to add that the name of the island where the Sumter has made it her 
rendezvous is called Orchilla, in latitude 11° 48' north, longitude 66 "^ 12' Avest. 

The person who reported to me that he saAv the Sumter at that island Avas in 
Cura^oa at the tim(\ She coaled then?; he Avas on board of a schooner bound, 
to Cura^oa, and being A^ery near they discovered her and made signals, but no 
notice Avas taken of them; they (the Sumter) did not even shoAv their flag; 
they seemed A'ery busy Avith the rigging; boats Avere also cruising about. 

I am A'our most obedient servant, 

HENRY SAWYER, 

United States Consul. 
Hon. Secretary of State 

ff the United States (f America. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 203 



Mr. F. W. Seicard to Mr. Sawyer. 

Department op State, 
IVusliington., December 11, 1861. 

Sir : Your No. 27 has beexi received, and the information which you have 
conveyed rej^pecting the steamer Sumter promptly communicated to the Secre- 
tary of the Navy. 

I am, >*ir, your obedient (Servant, 

F. W. SEWARD, 

Assistant Secretary. 
H. Sawyer, Esq., 

United States Consul, Paramariho. 



Mr. Sawyer to Mr. Seward. 



No. 28.] United States Consulate, 

Port of Paramaribo, October 22, 1861. 

Sir: I have the lionor to inform you that on the evening of the 20th, after 
the mail had left, a French steamer arrived from Cayenne and reported that the 
Sumter was off the Maroni river, about one hundred miles to the eastward of 
this port. 

The Iroquois having arrived here on the 19th immediately got up steam and 
left in pursuit, takhig a pilot. 

She has coal enough for fmir days' steaming, and Mill return here to take in 
a further supply. 

I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 
Hon. Secretary of State 

of the United States of America. 



Mr. Sawyer to Mr. Seivard. 



No. 29.] United States Consulate, 

Port of Paramaribo, November 4, 1861. 

Sir: I have the honor to inform you that the United States steamer Iroquois 
arrived here on the 19th of October in Avant of coals. Arrangements were 
made with a firm to deliver 120 tons. 

On the following day news came by a French steamer from Cayenne that the 
Sumter had been seen off" the mouth of the Maroni river on the IStli instant. 
The Iroquois left at once in pursuit; during her absence the firm who had 
agi'eed to furnish coals, on her return, informed me that it would be im])ossible 
for them to deliver more than 30 tons. 

I immediately secured from a planter 70 tons, and despatched two lighters to 
his plantation, thirty miles distant, where the coals were stored. Two days 
later the Iroquois came in, but owing to the strong winds the lighters were 
detained until the 26th, and as the steamer was to leave the next morning, only 
one load of 35 tons Avas taken on board; the other (30 tons) is left on my hands, 
which I have stored in town for account of the United States. 



204 INSURGENT PRIVATEERS IN FOREIGN PORTS. 

As the Sumter lias coaled here, and, in my opinion, will again bo allowed, it' 
she or any other rebel vessel comes in, I have deemed it advisable to engage 
all the coals to be had in the colony, (about 100 tons,) thinking it the best plan 
to frustrate the coaling; that is, the planters have given me the preference of 
purchasing in case they ai-e applied to for their coals. I regret to say that the 
sympathies for those rebels remain the same here. 

I have letters at the light-ship, about 15 miles off the mouth of the Surinam 
river, directed to any of our men-of-war, should they call there, stating the 
amount of coals they can have here. 

Since the arrival of the Sumter at this port, I have had no instructions from 
the department relative to these piratical crafts, but have acted purely, as I 
thought, for the benefit of my country, being guided altogether by circumstances. 

I beg to enclose vouchers and accounts for the amount of coals, also copy of 
draft, winch includes the siun I paid in my endeavors to detain the Sumter here. 

If the coal is taken by a United States vessel, I shall merely take a receipt 
from the commander and forward the same to the department, thus cancelling 
the affair; otherwise, I shall await advice from you. 

I beg to say that I am not engaged in trade, and that S12 per ton is the price 
of coals at this moment. 

Vessels must be extremely careful when making this port in the night, as the 
fishermen along the coast have large fires, and at a few miles distant are often- 
times taken for the light-ship. The Iroquois came very near being run ashore 
by mistaking one of these fires for the light-shi]). 

Hoping my proceedings will meet your approbation, I remain your obedient 
and faithful servant, 

HENRY SAWYER, 

Ujiitcd States Consul. 

Hon. Secretary ok State 

of the United States of America. 



Mr. Sawyer to Mr. Seward. 

Xo. 31.] United States Consulate, 

Port of Paramariho, December 16, 1861. 

Sir: I have the honor to acknowledge the receipt of your communication 
dated October 17, and am happy to learn tliat my conduct regarding the piratical 
steamer Sumter meets Avith the approbation of the department. 

On the 9th instant news arrived here per mail tliat the Sumter had escaped 
from Martinique, A\liere she was blockaded by the Iroquois. I immediately had 
an interview with the governor of this colony, and requested to be informed if 
he should again allow the Sumter, or any other of these piratical vessels, to 
come up to town. He informed me that he had orders from his government to 
act as follows : 

If a rebel vessel arrives here with a clean bill of health, she Avill be alloAved 
the same privileges as a United States man-of-war; that is, vessels of either 
party Avill be allowed forty-eight hours in port. 

I do not think th(> Sumter will come here again, without she is chased in, as 
they certainly know that they will have trouble in refitting. I told the governor 
that it was my opinion if the Sumter was caught in this port by one of our 
men-of-war, she would be taken, let the consequences be what they might, as 
the Sumter had committed piracy, and according to the laws of nations is liable 
to be taken wherever found. I cited facts patent to the world that, although 
these crafts profess to act under command from tlie so-called Confederate States 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 205 

government, tliat tlio latter had no existence in fact as a government; no sanc- 
tion as such among the nations, nor any one of them. Nor do these n^bel crafts 
do such acts as pertain to a man-of-\\'ar of a nation, for instead of co-opL'rating 
■\vitli army forces on land as a regular man-of-\\'ar would do, they prey upon 
commerce, plunder, burn, and sink our vessels whenever op])ortunity offers for 
individual profit, which is in character with pirates; showing these steamers to 
be such, and not by their acts to be men-of-Mar, as their officers falsely assume 
them to be. 

The governor responded that he must obey the orders from his go\-ernment, 
and if hostile actions shoidd take place in the port there would be trouble with 
the fortress Amsterdam, which mounts very heavy Boiirbon guns. 
I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 
Hon. Secretary of State 

of the United States of America. 



Mr. Saicyer to Mr. Scivard,. 



No. 2.J United States Consulate, 

Port of Paramaribo, January 12, 1862. 

Sir : I beg to acquaint you that the governor of this colony has informed me 
that the order placing restrictions upon the United States and rebel vessels has 
been revoked, and they can enter, refit, and depart as usual, thus placing our 
men-of-war on the same equality with pirates. 

I have received advice from our minister at the Hague that the actions of the 
authorities of this jjort relative to the seamen Dalliver and McKenne have been 
sustained. You will please notice my despatch No. 10, 1861, regarding it. 

As the Sumter is in these seas, she having plundered an American vessel 
since her escape from Martinique, I would advise our vessels in search of her, if 
they come on this coast, to reconnoiti-e these small rivers, such as Nikse, Cour- 
antine, Coppenham, Saramaca, Maranam, Sinamari, Marma, and Comonyn, also 
the coast of Demarara, as there is an abundance of coal to be had from the 
plantations, and is very easily put on board by the sugar drovers. 

I have letters and a good chart at the light-ship, directed to our men-of-war. 

If any of these pirates are chased in here, and the authorities should under- 
take to protect them, there will be but little difficulty in silencing the forts, 
as the lower one, (Amsterdam,) although it has heavy guns, they are merely in 
a breastwork ; the one near the town is of no consequence, as there are but tAvo 
old-fashioned cannon and two saluting field-pieces. 
I am your most obedient servant, 

HENRY SAWYER, 

United States Consul. 

Hon. Secretary of State 

of the United States of America. 



206 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



DENMARK. 



Mr. EJgar to Mr. Seward. 

No, 32.] COXSULATE OF THE UmTED StATES OF AMERICA, 

At St. Thomas, Augtist 22, 1861. 

Sir : I have the honor to foi-Avard lierc'with a despatch received to-day from 
the United States consul at La Guayra. He informs me that the steamer 
Sumter coaled at Port of Spain, Trinidad, on the 7th instant, and left that 
port on the 12th. I have learned from another source that she was seen ofi' 
Margarita on the 13th. An unknown steamer passed across the mouth of the 
harbor of St. Thomas about noon on yesterday, going in a westerly direction. 
She created some apprehension here. 

I take great })leasure in assuring the government that the authorities of this 
place hold the friendliest sentiments toAvards the United States. The governor 
has several times assured me that he would not allow any privateer to enter 
the harbor; and that he Avould, if necessary, make use of the Danish man-of- 
war steamer stationed in these waters in Avarning off any such vessels. 
I am, sir, very respectfully, your obedient servant, 

JOHN T. EDGAR, 

United States Consul. 
Hon. W. H. Seward, 

Secretary of State, Washington. 



Mr. F. W. Seward to Mr. Edgar. 

Departmext of State, 
Washington,, Sejitemher 12, 1861. 

Sir : Your des])atch No. 32 has been received. You will please accept the 
thanks of the department for the information which you have communicated. 

The department is gratified to learn that it is the determination of the local 
authorities to permit no privateers to enter the harbor of St. Thomas. 

This course is in entire accordance Avith the friendly relations Avhich haA'e 
ahvays existed between the United States and the enlightened government of 
Denmark. 

I am, sir, your obedient serAant, 

F. W. SEWARD, 

Assistant Secretary. 
J. T. Edgar, Esq., 

United States Co?isul, St. Thoinas. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 207 



Mr. Edgar to Mr. Seward. 

No. 49.] CONSULATK OF THE UmTED StATES OF AMERICA, 

Af Si. Thomas, Kovember 25, 1861. 

Sir : I liave the honor to report that the United States steamer Iroquois, 
Captain J. S. Pahner, arrived in this port on the 11th instant and took in a sup- 
ply of coal; on the 12th instant 1 received news by the English mail steamer 
from the windward islands that the rebel privateer steamer Sumter Avas at that 
time coaling at Martinique. I immediately despatched the Iroqiiois in pursuit 
of her. The Iroquois made the passage in about 36 hours, and was just in time 
to find the Sumter in the port of St. Pierre, ]\Iartinique ; the Sumter had 
finished coaling, and probably woidd have been at sea in a few hours. 

The United States steamer Dacotah, Captain McKinstry, arrived in St. 
Thomas on the 21st instant, on her return home fi-om China, and took in 162 
tons of the coals sent here by the Navy Department for the use of our steamers. 

The schooner E. J. Tolbert, Amesbury, master, arrived in St. Thomas on the 
23d instant, having been despatched hither from St. Pierre by Captain Palmer, 
of the Iroquois, for a supply of coals and provisions for the steamer. By the 
arrival of the schooner E. J. Tolbert, I learned that the steamer Iroquois 
came to anchor at St. Pierre, but that Captain Palmer, upon being reminded by 
the French authorities of that island of the international regulation which requires 
24 hours to elapse before a belligerent vessel could leave a neutral port a/ter the 
departure of a vessel of the opposing poAver, immediately got under way and 
cruised off the port to prevent the escape of the Sumter. The Iroquois kept 
in full sight of the Sumter during the daytime, but her officers were fearful that 
she might give them the slip during the night, as they were unable to discern 
her, owing to the shadows of the high lands overlooking the harbor. 

From all that I can learn, I believe that there Avas no one in St. Pierre suffi- 
ciently loyal to aid the Iroquois in any manner in preventing the escape of the 
Sumter. The sympathies of the authorities and the inhabitants were entirely 
Avith the Sumter. 

I used all diligence in putting on board of the schooner E. J. Tolbert all the 
coals and proA^isions required by the Iroquois, and succeeded in doing so by 10 
o'clock p. m. of the day of her arrival, and immediately despatched the steamer 
Dacotah, Captain McKinstry, Avith her in toAv. Early on the morning of this 
day, the 25th instant, the steamer Iroqixois arriA'cd in St. Thomas. 

Captain Palmer has just informed me that the Sumter succeeded in escaping 
from St. Pien-e on the night of the 23d instant, and as soon as he lost hope of 
overtaking her, he concluded to steer for St. Thomas, expecting to meet AA'ith 
the schooner E. J. Tolbert, that he had sent hither for coals and pro\"isions. As 
the engines need three or four days' Avork upon them. Captain Palmer has con- 
cluded to Avait here for a short time for the accomplishment of that Avork, and 
for the return of the schooner E. J. Tolbert. 

The English mail steamer Delta, bound to Halifax, leaving Avithiu the course 
of an hour, I haA^e hurriedly Avritten this desjjatch to forward by her. 

I cannot fully express to you, sir, my profound regret in being called upon 
to infomi you of the escape of this piratical Sumter, that has given us here in 
the West Indies so much anxiety and loss. 

I am, sir, A^ery respectfully, your obedient serA'ant, 

JOHN T. EDCAR, 

United States Consul. 
Hon. WiLLiAiAi H. Seward, 

Secretary of State. 



208 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. F. W. Scu-ard to Mr. Edgar. 

Department of State, 
Washington, December 16, 1861. 

Sir : Your despatch No. 49 has been received, and a copy of the sanae 
promptly transmitted to the Secretary of the Navy. 

You Avill please accept the thanks of the department for the infonnation 
which you have communicated in regard to the Sumter. 
I am, sir, your obedient servant, 

F. W. SEWARD, 
Assistant Secretary;. 
J. T. Edgar, Esq., 

United States Consul, St. Thomas. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 209 



HAMBURG. 



J/r. F. W. Seward to ilfr. Anderson. 

DepartiMent of State, 
Washingt07i, July 20, 1861. 
Sir: It lias been suggested to tliis department tliat there is some reason to 
apprehend that privateers may be fitted out in some of the northern ports of 
Europe, more especially those on the Baltic and North seas, where there are 
many small harbors belonging to states having a large shipping and not now in 
very active employment. 

You are directed to give your careful attention to any suspicious movements 
of the character here indicated, and be guided by the instructions in the circu- 
lars heretofore transmitted to you. 

I am, sir, your obedient servant. 



J. H. Anderson, Esq., 

United States Consul, Hamburg. 



F. W. SEWARD, 

Assist a n t Seer eta ry . 



Mr. Anderson to Mr. Seward. 



No. 16.j United States Consulate, 

^ Hatnburg, August 20, 1S61. 

Sir : Your note of the 20th ultimo was duly received. I can assure you 
that I will be untiring in my exertions to prevent the fitting out of any priva- 
teers at this port. It may possibly be done, notwithstanding all my vigilance ; 
but you may well believe that if I discover any suspicious movements of parties 
leading me to think that they contemplate embarking in the nefarious business 
of privateering, I will use all my influence to thwart their enterprise, and, if 
not successful in that, will Avithout delay impart to the government (and such 
others to whom the information may be useful) all the facts in my possession 
touching the case. I assiu-e you I am fully alive to the magnitude of the perils 
that menace us, and Avould glory in being in some way useful in times like 
these. 

I am, sir, your obedient servant, 

JAMES H. ANDERSON, 

United States Consul. 
Hon. Secretary of State, 

Washington. 

H. Ex. Doc. 104 14 



210 INSURGENT PRIVATEERS IN FOREIGN PORTS. 



Mr. Anderson to Mr. Snrard. 

No. 63.] Unitkd S'l'ATEs Consulate, 

Hmnhurg, January 6, 1862. 

Sir : To-diiy a telegrapliic dci-ipatcli was received on 'Chan_2;e announcing 
that the Smnter had captured and burnt three American vessels, and Linded 
their oificers and crews, numbering- forty-iive men, at Cadiz, Spain. Great ex- 
citement pervades commercial circles. The exploits of the Sumter, and the 
disaster of the Harvey Birch, (burnt by the Nashville,) are producing 
their natural results. American ship-OAvners no longer realize those profitable 
returns which lia^se made our mercantile marine the largest in the world. All 
classes are shy of our bottoms, and insurance companies will have nothing to do 
with them or their cargoes, except at ruinoiTS rates. Our s^vift clippers and en- 
ergetic sea-captains that have gained for us such an enviable notoriety, while 
filling our purses and displaying in every quarter of the globe our glorious flag, 
the emblem of freedom, are all out of employment, and conse([uently idle, ex- 
cept such as are in the naval service. 

This state of things ought not to continue. Does the case admit of no 
remedy ? Shall one buccaneering craft sweep the seas of our ships by the 
actual destruction of a few, and tin; consequent loss of mercantile confidence in 
the safety of the remainder ? lam not Avithout hope that our condition with 
respect to navigation may be bettered. 

I have the honor to be, sir, your obedient servant, 

JAMES H. ANDEESON, 

JJnited States Consul. 

Hon. AVm. H. Sewaho, . 

Secretary of State, Washington. 



INSURGENT PRIVATEERS IN FOREIGN PORTS. 211 



VENEZUELA. 



Mr. Golding to Mr. Seward. 

No. 21. J Consulate of the Umted States of America, 

La Guayra, August 18, 1861. 

Sir : By the arrival at tliij^ port, yesterday, of the goverument steamer, the 

Venezuela, from Oampano, Mr. Thomas Falls, the chief engineer, reports to me 

that the steamer Sumter arrived in Port of Spain, Trinidad, on the 7th instant, 

took in coal and provisions, and sailed on the 12th instant — destination xmknowu. 

The brig Thomas B. Wattsou arrived here yesterday from New York. 

T have the honor to be, sir, jouv obedient, humble servant, 

J. T. GOLDING, 
Acting United States Consul. 
Hon. William H. Seward, 

Secretary oj" State of tJiC United. States, Washington. 



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